HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 10/10/2016 (2)
Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on
the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent,
98032.
For additional information please contact Julie Pulliam at 253-856-5702.
Any person requiring a disability accommodation should contact the City Clerk’s Office
at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
Economic & Community Development
Committee Agenda
Councilmembers: Jim Berrios, Tina Budell, Bill Boyce, Chair
October 10, 2016
5:00 p.m.
Item Description Action Speaker(s) Time Page
1. Call to Order Bill Boyce 1 min
2. Roll Call Bill Boyce 1 min
3. Changes to the Agenda Bill Boyce 1 min
4. Approval of September 12, 2016 Minutes YES Bill Boyce 1 min 1
5. 2016 Docket Report YES Charlene Anderson 10 min 7
6. Flood Hazard Regulations NO Chris Wadsworth 15 min 16
Information Only
7. Multifamily Design Guidelines NO Hayley Bonsteel 10 min 29
Information Only
8. Sound Transit Update NO Hayley Bonsteel 5 min
Information Only
9. ShoWare Update NO Ben Wolters 5 min
Information Only
10. Economic Development Update NO Bill Ellis 5 min
Information Only
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
September 12, 2016
Committee Members Committee Chair Bill Boyce, Tina Budell, Jim Berrios
1. Call to Order
2. Roll Call
3. Changes to the Agenda – Ben Wolters deferred items 8-10 to the meeting in
October
4. Approval of Minutes
Committee Member Budell MOVED and Committee Member Berrios
SECONDED a Motion to Approve the Minutes of September 12, 2016. Motion
PASSED 3-0.
5. Proactive Code Enforcement - Information Only
Current Planning Manager Matt Gilbert presented Proactive Code Enforcement.
This is a follow up to the May 2016 Lean project report to the City Council. Lean
improvements and staffing increases have created more capacity within the Code
Enforcement Division. We are nearly through the busy summer season where
Code Enforcement complaints spike, and we expect that fall will allow time for pro-
active code enforcement.
Anticipating the fall downturn, Code Enforcement has considered how and where to
begin proactive code enforcement efforts. The resident survey provides important
information to help with this decision.
The survey said about 35% of the people surveyed city-wide said they felt code
enforcement was a big issue in their neighborhood, however on the West Hill the
number was 48%.
The survey indicates that the top big problems on the West Hill are:
Junk or inoperable vehicles
Accumulated trash or litter
Graffiti
Garbage or junk in yards
Tall weeds or grass
Abandoned or unsecured buildings
Semi-trucks of RVs parked in neighborhoods
Accordingly, we will begin our efforts there. However, West Hill is a large area and
with limited Code Enforcement Staff we will need to choose certain areas to focus
on. We checked with the Neighborhood Program and the NRT team in the Police
Department, to determine specific areas of the West Hill where we can have an
immediate impact. 27th Place Neighborhood is a neighborhood PD has identified.
This neighborhood has criminal behavior as well as code enforcement violations.
There is a lot of tenant turn over in this area. Tenants leave and leave junk
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September 12, 2016
2
behind. This is an area code enforcement can work with the owners to stay on top
of this. In this area we feel we can work on keeping the owners engaged in their
property working through the code enforcement process.
Salt Air Hills and Yorkshire are neighborhoods where the City’s Neighborhood
Program gets a lot of questions per our Neighborhood Programs Coordinator Toni
Azzola. Gilbert has been to those two neighborhoods and didn’t see major
problems. Gilbert stated, these are generally well taken care of neighborhoods
most of the time, there are a few residents that have junk vehicles, overgrown
lawns that code enforcement can cite and spend a little bit of effort and get a big
return in the area.
With this new proactive code enforcement Gilbert explained the process of sending
out a letter to all in the area letting them know when code enforcement will be in
the area and what issues code enforcement will be focusing. In this letter they will
be asked to take care of the items prior to the code enforcement officer’s arrival.
After that, if we need to go through the normal formal process, we will do it at that
time. Gilbert stated communication works most of the time. If that doesn’t we do
have the formal process and the criminal process available.
Pacific Highway Commercial Area does have an effect on the image of the area.
Gilbert stated the signage can get out of hand, but we don’t get as many calls for
commercial areas, but it does affect the overall image of the area. If we go in and
remind the business owners of the violations ask them to clean up the area, and
minimalize the signage we can have an impact there.
Gilbert wrapped up with stating; code enforcement is primarily a reactive service
getting approximately 20 calls a week and closing approximately 20 cases a week.
In the winter months we have more availability to do proactive code enforcement
and will work as quickly as possible through the mentioned areas as well as
maintaining the service level of the daily calls.
Gilbert stated after these neighborhoods are done he will come back to Council
with further recommendations.
Council Member Berrios made a recommendation to Gilbert to reach out to the
homeowners associations and do a presentation on code enforcement and what the
City is requiring homeowner to do and what is required to be done by the City.
The City needs to lead by example if we are asking homeowners to.
Council Member Berrios asked how does Council help Code Enforcement with the
sign problem. Gilbert stated in the future we will need to look into the sign code
and do some updating of the code.
Council Member Boyce asked when pro-active enforcement in these Neighborhoods
will be completed. Gilbert said from now to the beginning of October is when we
plan to have the neighborhood notification out. Council Member Boyce would like a
report back in January.
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6. Regional Economic Development Strategy – Information Only
Today’s presentation’s focus
State of the regional Economy
Regional Economic Strategy
Overview & Feedback
PSRC Region
4 Counties
82 Cities and Towns
Urban & Rural
PSRC Members
Cities, Counties, Ports and transit
State Agencies and Tribal Governments
PSRC Regional Leadership
Puget Sound Regional Council – General Assembly
Executive Board
Economic Development Board
Operations Committee
Transportation Policy
Growth Management Policy
Region reached 2 million jobs in 2015
The region added 54,300 jobs in 2015 and 241,300 between 2010-2015
While a net of 39,946 people moved to the region
Other regional trends to consider
33% of the region’s job growth going into regional growth centers – just
3% of the urban land area (covered employment for 2010-2014)
Minority population increased from 15% (1990) to 34% (2014)
Foreign-born population contributed to 38% of total population growth
1990-2014
Area Traffic
There were 18,100 more hours of delay in 2015 than 2010 (95%
increase)
Delay increased by 18% between 2014 and 2015
HOV Lanes are about 4% of the total delay
Transit ridership growth surging
Transit ridership has grown faster than in any other large metro area in
the country over the past 10 years
Annual transit boardings were the 8th highest in the country in 2015
Growing faster than population
Region’s major industries are growing jobs
Mayor Regional Industries – Job growth is up in all the region’s major
industries
o Information Technology 164K jobs
o Aerospace 119K jobs
o Tourism & Visitors 117K jobs
o Business Services 104K job
o Transportation & Logistics 55 K jobs
o Maritime 36K jobs
o Life Sciences 21K jobs
o Clean Tech 21K jobs
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4
Losing ground compared to U.S. jobs
o Aerospace & IT: increasing market share
o Other industries: losing competitive advantage
Projected U.S. Job growth 2015-2020 (projected U.S. growth 2016-2020)
Aerospace 1%
Business services 5%
Clean Tech 6%
Information Technology 10%
Life Sciences 8%
Maritime 55
Tourism & visitors 8%
Transportation & Logistics 7%
Top 15 Employing Industry Clusters in King County
Industry Cluster Jobs
2015
CAGR 2015-
2015
1. Local Health Services 107,184 2.30%
2. Local Hospitality Establishments 101,861 391%
3. Local Real Estate, Construction , and Development 94,769 4.97%
4. Local Commercial Services 74,277 2.73%
5. Software Publishers 52,716 1.27%
6. Wholesaling and Storage 49,404 1.83%
7. Local Community and Civic Organizations 45,637 11.53%
8. Aerospace Vehicles and Defense 45,555 1.10%
9. Computer Services 40,051 7.27%
10. Local Food and beverage Processing and Distribution 34,898 2.68%
11. Local Retailing of Clothing and General Merchandise 33,048 1.94%
12. Corporate Headquarters 28,871 6.04%
13. Local Personal services (Non-Medical) 27,013 4.79%
14. Local Motor Vehicle Products and Services 26,408 2.63%
15. Electronic and Catalog Shopping 26,225 25.21% Bold = Export focused industry cluster
Draft Plan Development Process: September to March 2017
Refine Draft RES January
Continue Stakeholder Outreach
Adoption Spring 2017
Draft Goals
Connect the world to the Puget sound region
Cultivate a region that attracts and retains world class talent
Strengthen the region’s economic base and rise to meet global economic
opportunities
Open economic opportunities to everyone in the region
Capitalize on the region’s strengths to support and nurture strategic
clusters and emerging opportunities
7. Housing Accessibility – Information Only
Economic & Community Development Director Ben Wolters introduced the topic of
Housing Accessibility. The region is looking at a housing crisis with the increase in
rents and the cost of owning a home. This is a requested follow up from the
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September 12, 2016
5
Council on the last retreat to come back to this Committee and give some options
related to how to address the housing shortage in Kent.
Interim Parks & Community Services Director Merina Hanson would like to get the
Committee’s feedback on where you would like us to gather more information on
addressing this issue.
Options some other Cities have chosen to address some will be addressed at the
County and State level
Opt #1 Source of Income Discrimination – includes prohibits landlords from
renting to tenants that may be using a housing choice such as section 8
voucher, or Seniors relaying solely on Social Security, Veterans Housing
Subsidy, or people with disabilities who receive some other kind of
Government subsidy.
o Currently Kent has no protections for any of these, currently a
landlord can say they will not rent to a tenant because of any of the
above reasons.
o We have heard of some of this happening in Kent
o 2 East Hill apartments on East Hill just informed the City they will no
longer accept vouchers. Council Member Budell stated this is
unacceptable
o City of Kent falls under the State’s Landlord Tenant Act, and it is very
complicated
Opt #2 Expanded Notification of Rent Increase
o Currently if you tenants are on a month to month lease anywhere in
the State of Washington except Seattle, a landlord only has to provide
a 30 day notice for a rent increase
o City of Seattle requires a 60 day lease if rent is going up 10% or more
o Challenge is an eviction only requires a 20 day notice, if a landlord did
not want to take the extra days to get a rent increase going they
could possible just use an eviction notice. By using the eviction notice
they could get a quicker bump in the rent.
o Council Member Berrios is concerned if landlords start raising the rent
to tenants without any improvements just to see how much they can
get
o Opt #3 Proactive Rental Inspection Program – ensuring residents have
access to health and safe housing
o It is a code enforcement program but it is a proactive program
ensuring the units is safe prior to renting
o Is in effect in Seattle, Tukwila and other jurisdictions, and has been
successful, seeing a lot less tenant complaints because it is handled in
the beginning
o The relocation of a tenant if the building is shut down would be the
responsibility of the property owner. Which has legal costs associated
with it
o City Attorney Tom Burbaker wanted Council to know that this is a type
of Code enforcement and you can cite for the violation but getting it
fixed sometimes is the harder thing to happen
Speakers
Resident Carol Anne Maiers spoke on what tenants are told to do with black
mold is to spray bleach on it
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Tacoma Resident Dinah Braccio spoke advocating just cause eviction
protection
Council Chair Bill Boyce asked staff to:
Bring back and do more research on notification and bring back options.
Wolters asked for clarification of the Proactive Rental Inspection Program He
did not hear as related to the income source part or the program it Council
ready to go there. Cities Bellevue, Kirkland, Redmond have it now in the
State of Washington. Wolters stated we can’t do rent control but we can
adopt laws related to discrimination. Boyce asked Wolters to take a look at
in and bring back information to Committee.
Adjournment
Chair Boyce adjourned the meeting at 6:04 p.m.
__ ___________________________________
Submitted by Julie Pulliam
Economic & Community Development Committee
6
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 10, 2016
To: Chair Bill Boyce and Economic & Community Development Committee
From: Charlene Anderson, AICP, Planning Manager
Subject: 2016 Annual Docket Report
Meeting of October 10, 2016
SUMMARY:
The docketing process is required by the Growth Management Act and is provided
in Chapter 12.02 of the Kent City Code (KCC). The Annual Docket may include
suggestions for amendments to the comprehensive plan text, land use plan map
designations, or the City’s development regulations. Staff will present this year’s
Annual Docket Report to the Committee on October 10th. The City did not receive
any requests from the public for amendments in 2016. However, staff is proposing
items for the 2016 docket.
BUDGET IMPACT: None.
BACKGROUND:
The Growth Management Act outlines a procedure that assists the public in making
suggested amendments to the Comprehensive Plan, development regulations, and
growth policies on an annual basis. ”Docketing” refers to compiling and maintaining
a list of suggested changes to the Comprehensive Plan or development regulations
to ensure they will be considered by the City and will be available for review by the
public. The deadline for filing a docket item is the first business day of September.
There is no fee for submitting a docket item.
The 2016 Annual Docket Report contains a number of potential comprehensive plan
and zoning amendments proposed by staff. These amendments are attached and
will be further discussed at the ECDC meeting on October 10th. As provided in KCC
12.02.035, also attached are updates on the status of the 2014 and 2015 Docket
Reports.
CA/ P:\Planning\DOCKETS\2016\Dkt-2016_ECDCMemo10-10-16.doc
Enc: 2016 Annual Docket Report and Updates to 2014 and 2015 Docket Reports
cc: Ben Wolters, Economic and Community Development Director
Project Files
MOTION: Recommend to the full City Council approval of the 2016
Annual Docket Report and amended 2014 and 2015 Docket Reports as
presented by staff.
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Av
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t
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k
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p
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t
.
2.
Mu
l
t
i
f
a
m
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l
y
an
d
M
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x
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d
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s
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De
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PE
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D
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.
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PE
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D
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.
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6.
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g
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12
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2014
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c
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15
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 10, 2016
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Chris Wadsworth, CFM, Civil Engineering Designer II
RE: Proposed Revisions to KCC 14.09 Flood Hazard Regulations [ZCA-2016-10]
For Meeting of October 10, 2016
SUMMARY: After holding a public hearing on September 26, 2016, the Land Use
and Planning Board recommended to the full City Council approval of amendments
to Chapter 14.09 of the Kent City Code, entitled Flood Hazard Regulations. These
amendments address tasks identified by FEMA to meet the mandatory minimum
requirements for participation in the National Flood Insurance Program (NFIP). The
changes include modification of the definition of Substantial Improvement, the
addition of a definition for Substantial Damage, and a rewrite of the variances from
flood hazard regulations. These changes provide several benefits beyond ensuring
the City’s continued participation in the NFIP. They allow for a more comprehensive
picture when assessing damages to existing structures from flood waters, and any
other type of damage. They close a potential loophole that may have allowed for
development to extend into a regulatory floodway as well as detach the ordinance
from KCC 11.06 as it is currently written. These provide the City with valuable tools
in enforcing its flood hazard regulations.
EXHIBITS: Draft Ordinance
BUDGET IMPACT: None
cc: Ben Wolters, Economic &Community Development Director
Tim LaPorte, Public Works Director
Charlene Anderson, AICP, Long Range Planning Manager
S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-10 Flood Haz Regulations\101016_ECDC_memo Flood Hazard Regulations_ca_edits.doc
MOTION: For Information Only
16
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
14.09.010 and Section 14.09.220 of the Kent City
Code pertaining to flood hazard regulations.
RECITALS
A. On December 1st, 2015 a Community Assistance Visit (CAV)
was made by the Federal Emergency Management Agency (FEMA) to
ensure the enforcement of federal mandatory minimum flood hazard
regulations required for participation as a community in the National Flood
Insurance Program (NFIP).
B. Two changes to the city’s current flood hazard regulations
(Ch. 14.09 KCC) are required to ensure compliance with FEMA’s
mandatory minimums for participation in the NFIP. The changes apply to
the city’s flood hazard definitions (KCC 14.09.010) and f lood hazard
variances (KCC 14.09.220) sections.
C. The required change to KCC 14.09.010 adds a definition for
Substantial Damage and ties the new language to the current definition for
Substantial Improvement. The definition for Substantial Improvement is
also updated to reflect the added definition. The revised language presents
1 Amend KCC 14.09 -
Re: Flood Hazard Regulations
17
a more comprehensive picture when assessing damages to existing
structures.
D. The required change to KCC 14.09.220 replaces the current
code language with a more detailed process for obtaining a variance from
flood hazard regulations, and closes a potential loophole that may have
allowed for development to extend into a regulatory floodway. This change
has the ancillary benefit of detaching KCC 14.09.220 from KCC 11.06.100.
E. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments do not
reflect significant changes to amendments to Chapter 14.09 KCC
completed in 2015, where environmental review resulted in issuance on
April 3, 2015, of an Addendum to the City’s Comprehensive Plan
Environmental Impact Statement, and further SEPA analysis is not
required for these local code amendments.
F. A draft version of this ordinance was submitted to the
Washington State Department of Commerce for expedited review on
September ______, 2016. The ordinance was considered by the City Land
Use and Planning Board after a duly noticed public hearing on September
26, 2016. T his ordinance was also considered by the Economic and
Community Development Committee on October 10, 2016, which
recommended Council adopt this ordinance. Council has considered this
ordinance, together with all public comment, and has determined that
adoption is appropriate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Amend KCC 14.09 -
Re: Flood Hazard Regulations
18
ORDINANCE
SECTION 1. - Amendment. Section 14.09.010 of the Kent City
Code, entitled “Definitions,” is hereby amended as follows:
Sec. 14.09.010 Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Appeal means a request for review of any final action pursuant to
this chapter, or of the interpretation of any provision of this chapter by any
city official.
B. Area of shallow flooding means the land within the floodplain where
the base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
C. Base flood means the flood having a one percent chance of being
equaled or exceeded in any given year, also referred to as the 100-year
flood.
D. Base flood elevation means the actual elevation (in mean sea level)
of the water surface of the base flood determined by the Federal
Emergency Management Agency (FEMA) or other qualified person or
agency as described in this chapter.
E. Basement means any area of the building having its floor subgrade
(below ground level) on all sides.
3 Amend KCC 14.09 -
Re: Flood Hazard Regulations
19
F. Best available data means: (1) the data provided by FEMA in a
scientific and engineering report entitled Flood Insurance Study for King
County, Washington and Incorporated Areas, dated May 16, 1995, along
with the accompanying Flood Insurance Rate Map (FIRM), including any
subsequent revisions thereto; or (2) hydrologic and hydraulic analyses
performed in accordance with standard engineering practice and in
accordance with FEMA standards contained in 44 C.F.R. Part 65.
G. Compensatory flood storage means any new, excavated flood
storage volume equivalent to any flood storage capacity which has been or
would be eliminated by filling or grading within the special flood hazard
area. The compensatory flood storage must be provided within the special
flood hazard area and be free draining.
H. Critical facility means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire, and emergency response
installations; and public and private facilities which produce, use, or store
hazardous materials or hazardous waste as defined by the State
Department of Ecology.
I. Development means any proposed or actual manmade changes to
improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation,
drilling operations located within the special flood hazard area and other
site preparation activities, storage of materials or equipment, subdivision
of land, removal of substantial amounts of vegetation, or alteration of
natural site characteristics.
J. Director means the city of Kent economic and community
development director or the director’s designee.
4 Amend KCC 14.09 -
Re: Flood Hazard Regulations
20
K. Fill means the addition of soil, sand, rock, gravel, sediment, walls,
structures and their associated internal volume, or other material by
artificial means.
L. Flood or flooding means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface water
from any source.
M. Flood fringe means the portion of the special flood hazard area
outside of the floodway which is generally covered by floodwaters during
the base flood.
N. Flood Insurance Rate Map (FIRM) means the official map on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
O. Flood insurance study means the official report provided by FEMA
that includes flood profiles, the FIRM, and the water surface elevation of
the base flood.
P. Flood protection elevation means is a minimum of two feet above
the base flood elevation.
Q. Flood season means the period from October 1st to March 31st
during which, historically, the frequency, distribution, and volume (inches
5 Amend KCC 14.09 -
Re: Flood Hazard Regulations
21
of rainfall) of storms in the Green River Basin have been the largest and all
known major floods have occurred.
R. Floodplain means that portion of a river or stream channel and
adjacent lands which are subject to the base flood flooding.
S. Floodway means the channel of the stream and that portion of the
adjoining special flood hazard are a which is necessary to contain and
discharge the base flood flow without increasing the base flood elevation
more than one foot.
T. Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access, or storage, in an area other
than a b asement area, is not considered a b uilding’s lowest floor;
provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this
chapter.
U. Manufactured home means a structure, used for residential or
commercial purposes, transportable in one or more sections, which is built
on a pe rmanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For
floodplain management purposes the term manufactured home also
includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes the
term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
6 Amend KCC 14.09 -
Re: Flood Hazard Regulations
22
V. Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into two or more manufactured home
lots for rent or sale.
W. No net fill means that if any fill is brought on to a site for the
construction of a s tructure or access road then an equal amount of
soil/material will be removed from the site. Earthen fill must be obtained
from the same site, to the extent practicable. The soil removed must be
from within the boundaries of the site, to the extent practicable, and from
within the special flood hazard area. If not practical, soil could be removed
from property in the immediate vicinity and within the special flood hazard
area. The area from which the soil is removed must be able to drain
completely into the adjoining watercourse following a flood.
X. New construction means structures for which the start of
construction commenced on or after the effective date of the ordinance
codified in this chapter.
Y. Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the
largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a
light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
7 Amend KCC 14.09 -
Re: Flood Hazard Regulations
23
Z. Special flood hazard area means the total area subject to inundation
by the base flood identified by FEMA in a re port entitled The Flood
Insurance Study for King County, Washington and Incorporated Areas,
dated May 16, 1995, with accompanying pages on file with King County or
the city of Kent department of economic and community development.
AA. Start of construction includes substantial improvement, and means
the date a bui lding permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other improvement was
within 180 days after the permit issuance date. The actual start means
either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a f oundation. Permanent
construction does not include submission of an application for development
or land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
BB. Structure means that which is built or constructed, or an edifice or
building of any kind or any piece of work composed of parts joined
together in some definite manner, and includes posts for fences and signs.
It specifically includes buildings that are not fully enclosed on all sides
where the orientation may affect the flow of floodwaters, but does not
include mounds of earth or debris.
8 Amend KCC 14.09 -
Re: Flood Hazard Regulations
24
CC. Substantial improvement means any repair, remodeling,
reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the appraised fair market value of the structure
either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged, regardless of whether or
not it is determined to be substantial damage, and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to correct
an existing violation of state or local health, sanitary, or safety code
specifications, as identified by the local code enforcement official, and
which is the minimum necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National
Register of Historic Places or a re cognized state or local inventory of
historic places.
DD. Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
9 Amend KCC 14.09 -
Re: Flood Hazard Regulations
25
SECTION 2. - Amendment. Section 14.09.220 of the Kent City
Code, entitled “Variances,” is hereby amended as follows:
Sec. 14.09.220 Variances. Variances shall be completed in
accordance with those variance provisions identified in the city of Kent
critical areas code found in Chapter 11.06 KCC, as amended.
Applications for variances from the strict application of the terms of this
chapter to a specific property may be submitted to the city. All variances
shall be considered by the hearing examiner as a Process III application,
pursuant to Chapter 12.01 KCC. Approval of variances from the strict
application of flood hazard regulations shall be consistent with the
following criteria:
1. There are unique physical conditions peculiar and inherent to
the affected property that make it difficult or infeasible to strictly comply
with the provisions of this chapter.
2. The variance is the minimum necessary to accommodate the
building or structure footprint and access.
3. The proposed variance would preserve the functions and
values of the flood hazard area, and the proposal does not create or
increase a r isk to the public health, safety, and ge neral welfare, or to
public or private property.
4. The proposed variance would not adversely affect properties
surrounding the subject site.
5. Adverse impacts to flood hazard areas resulting from the
proposal are minimized.
6. The special circumstances of conditions affecting the property
are not a result of the actions of the applicant or previous owner.
7. The variance shall not constitute a grant of special privilege.
10 Amend KCC 14.09 -
Re: Flood Hazard Regulations
26
8. No variance shall be approved within a floodway that would
cause an increase in the Base Flood Elevation.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
SUE HANSEN, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
11 Amend KCC 14.09 -
Re: Flood Hazard Regulations
27
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
SUE HANSEN, INTERIM CITY CLERK
P:\Civil\Ordinance\14.09 Flood Hazard Regulations-Variances.docx
12 Amend KCC 14.09 -
Re: Flood Hazard Regulations
28
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Date: 10/10/2016
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator
RE: Multifamily Design Guidelines Update
For Meeting of October 10, 2016
SUMMARY: The City of Kent adopted multifamily design review in 1991 in
response to population growth and increasing multifamily development. The
Multifamily Design Review Handbook, approved in 1994, helped city staff work with
developers and property owners to achieve quality multifamily development across
the city for the last two decades. Over time, several changes have emerged: the
document’s strengths and weaknesses have become evident, and construction
trends and market forces have altered the multifamily development landscape, to
name a few. The multifamily design guidelines are therefore in need of an update,
which gives the City a chance to increase their effectiveness. The goals of the new
guidelines include meeting the Council’s vision for urban centers, giving clear
design direction for developers and providing flexibility to meet requirements.
Additionally, the associated code amendments will streamline design review, saving
staff time, and rectify inconsistencies in the code. Staff will be available at the
October 10, 2016 meeting to discuss the project and answer questions.
EXHIBITS: Draft Amendment, Draft Guidelines
BUDGET IMPACT: None
cc: Ben Wolters, Economic &Community Development Director
MOTION: “Information Only”
29
1 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Title 15, entitled “Zoning,” to
support the update to the Multifamily Design Guidelines and
streamline design review.
RECITALS
A. The City of Kent adopted multifamily design review by Ordinance 3014
in 1991 in response to population growth and increasing multifamily development.
B. The Multifamily Design Review Handbook was created in 1994. Since
that time, market forces and construction trends have changed the multifamily
development landscape, and updated design guidelines are needed to respond to
those changes. Staff proposed an update to the multifamily design guidelines in the
2015 Docket, which was approved by the City Council on October 20, 2015.
C. Development regulations must be consistent with and implement the
comprehensive plan as provided by RCW 36.70A.040(3). The proposed multifamily
design guidelines and associated code amendments implement the comprehensive
plan’s goals and policies supporting well designed places and buildings.
D. The proposed multifamily design guidelines aim to provide more
guidance and options for achieving good design. The proposed update includes
strong statements of intent, with flexibility for how developers can meet the intent.
30
2 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
E. On July 25, 2016, Planning staff presented the Land Use and Planning
Board (“LUPB”) with an overview of the need for updated guidelines and associated
code changes at a workshop meeting, and received authorization to proceed with an
amendment proposal.
F. On XXX XX, 2016, the City requested expedited review under RCW
36.70A.106 from the Washington State Department of Commerce regarding the
City’s proposed code amendments and updated design guidelines. The Washington
State Department of Commerce granted the request for expedited review on XXX
XX, 2016. No comments were received by State agencies.
G. On XXX XX, 2016, the City conducted and completed environmental
review under the State Environmental Policy Act (SEPA). The City’s SEPA
Responsible Official issued a Determination of Nonsignificance for the code
amendments and updated design guidelines.
H. On October 10, 2016, Planning staff briefed the Economic and
Community Development Committee on the proposed design guidelines and
associated code amendments. That same day, staff presented the proposals to the
LUPB at a regularly scheduled workshop meeting.
I. At its regularly scheduled public meeting on October 24, 2016, the
LUPB held a public hearing regarding the proposed code amendments and updated
design guidelines. After considering the matter, the LUPB voted to recommend
______ of the proposed amendments to the City Council.
J. On November 14, 2016, the ECDC considered the recommendations of
the LUPB at its regularly scheduled meeting, and recommended to the full City
Council adoption of the proposed code amendments and updated guidelines.
31
3 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Chapter 15.02 of the Kent City Code, entitled
“Definitions,” is hereby amended to add a new section 15.02.111.1, entitled
“Downtown,” to read as follows:
Sec. 15.02.111.1. Downtown. Downtown means the area designated in
the City of Kent Downtown Subarea Action Plan as the “Downtown Study Area,” as
amended.
SECTION 2. - Amendment. Section 15.02.125 of the Kent City Code,
entitled “Dwelling, multiple-family,” is hereby amended as follows:
Sec. 15.02.125 Dwelling, multiple-family. Multiple-family dwelling
means a residential building designed for or occupied by three or more families,
with the number of families in residence not exceeding the number of dwelling units
provided. This definition does not include independent senior living facilities,
assisted living facilities, detached single-family structures designed as part of a
multiple-structure development such as a planned unit development, residential
facilities with health care, transitional housing or group homes. This definition does
include senior housing that does not provide meals.
SECTION 3. - Amendment. Section 15.02.134 of the Kent City Code,
entitled “Facade modulation,” is hereby amended as follows:
Sec. 15.02.134 Facade modulation. Facade modulation means a
horizontal stepping back or projecting forward of portions of a building facade. The
minimum modulation depth shall be three (3) feet, and the minimum modulation
width shall be eight (8) feet.
32
4 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECTION 4. - Repealer. Section 15.08.215 of the Kent City Code, entitled
“Multifamily transition areas,” is hereby repealed in its entirety.
SECTION 5. - Repealer. Section 15.02.272 of the Kent City Code, entitled
“Multifamily transition area,” is hereby repealed in its entirety.
SECTION 6. – Amendment. Section 15.04.020 of the Kent City Code,
entitled “Residential land uses,” is hereby amended as follows:
33
5 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Sec. 15.04.020 Residential land uses.
Zoning Districts
Key
P =
Principally
Permitted
Uses
S =
Special
Uses
C =
Conditional
Uses
A =
Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
One
single-
family
dwelling
per lot
P P P P P P P P P P P P P P A
(1
)
A
(1
)
A
(1
)
A
(1
)
One
duplex
per lot
P
(2
7)
P
(2
7)
P
(2
7)
P
One
modular
home per
lot
P P P P P P P P P P P P
Duplexes
P
(2
7)
P
(2
7)
P
(2
7)
P
(2
2)
P P P P P
Multifamil
y
townhous
e units
P
(2
7)
P
(2
7)
P
(2
7)
P
(1
9)
(2
0)
P
(1
9)
(2
0)
P P P P
(2
)
P
(4
)
C
(5
)
P P P P P
(2
)
Multifamil
y
dwellings
P
(2
6)
P
(2
6)
P P P P
(2
)
P
(4
)
C
(5
)
P P P P P
(2
)
Mobile
homes
and
manufact
ured
homes
P
Mobile
home
P
(1
P
(1
P
(1
P
(1
P
(1
P
(1
P
34
6 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
Key
P =
Principally
Permitted
Uses
S =
Special
Uses
C =
Conditional
Uses
A =
Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
parks 3) 3) 3) 3) 3) 3)
Group
homes
class I-A
P P P P P P P P P P P P P P P P P C P P P P C
Group
homes
class I-B
P P P P P P P P P P C P P C C C
Group
homes
class II-A
C C C C C C C C C C C C C C C C
Group
homes
class II-B
C C C C C C C C C C C C C C C C
Group
homes
class II-C
C C C C C C C C C C C C C C C C
Group
homes
class III
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
C
(2
3)
Secure
communit
y
transition
facilities23.
24
Rebuild/a
ccessory
uses for
existing
dwellings
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
P
(6
)
Transition
al
housing
P
(2
9)
P
(2
9)
P
(2
9)
P
(2
)
P
(4
)
C
(5
)
P P P P P
(7
)
C
(3
0)
P
(7
)
C
(3
0)
Rooming A A A A A A A A A A
35
7 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
Key
P =
Principally
Permitted
Uses
S =
Special
Uses
C =
Conditional
Uses
A =
Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
and
boarding
of not
more
than
three
persons
Farm
worker
accommo
dations
A
(1
7)
A
(9
)
A
(1
7)
Accessory
uses and
structures
customari
ly
appurtena
nt to a
permitted
use
A A A
(8
)
(1
8)
A
(8
)
(1
8)
A
(8
)
(1
8)
A
(8
)
(1
8)
A
(8
)
(1
8)
A
(1
8)
A
(1
8)
A
(1
8)
A
(1
8)
A
(1
8)
A
(1
8)
A A A A A A A A A A A A A A
Accessory
dwelling
units and
guest
cottages
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
A
(8
)
(1
0)
Accessory
living
quarters
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
A
(1
4)
Live-work
units
P
(2
8)
Home
occupatio
ns
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
A
(1
1)
Service
buildings
A
Storage
of
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
(1
A
36
8 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
Key
P =
Principally
Permitted
Uses
S =
Special
Uses
C =
Conditional
Uses
A =
Accessory
Uses
A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
recreation
al
vehicles
6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6)
Drive-in
churches
C C C C C C C C C C C C C C C C C C C C C C C C C C
Emergenc
y
housing;
emergenc
y shelter
C
(3
1)
C C C C C C C C C C C C C C
Independ
ent senior
living
facilities
C C C C C P
(2
9)
P
(2
9)
P
(2
9)
P
(2
)
C
(3
)
P
(4
)
C
(5
)
P P P P C C P
(2
)
C
(3
)
Assisted
living
facilities
C C C C C P
(2
9)
P
(2
9)
P
(2
9)
P
(2
)
C
(3
)
P
(4
)
C
(5
)
P P P P C C P
(2
)
C
(3
)
Residenti
al
facilities
with
health
care
C C C C C P
(2
9)
P
(2
9)
P
(2
9)
P
(2
)
C
(3
)
P
(4
)
C
(5
)
P P P P C C P
(2
)
C
(3
)
Designate
d
manufact
ured
home
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
P
(2
5)
37
9 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECTION 7. - Amendment. Section 15.04.030 of the Kent City
Code, entitled “Residential land use development conditions,” is hereby
amended as follows:
Sec. 15.04.030 Residential land use development conditions.
1. Dwelling units, limited to not more than one per
establishment, for security or maintenance personnel and their families,
when located on the premises where they are employed in such capacity.
No other residential use shall be permitted.
2. Multifamily residential uses, or other residential facilities
where allowed, are only permissible in a mixed use overlay and must be
included within a mixed use development.
3. Assisted living facilities, residential facilities with health care,
and independent senior living facilities, when not combined with
commercial or office uses, require a conditional use permit and are subject
to the requirements of KCC 15.09.045 for multifamily design review and
mixed use design review, as well as area-specific design review, such as in
Midway, Downtown and along the Meeker Street Corridor. These facilities
are also subject to the following conditions:
a. Must be located within a half mile of publicly accessible
amenities in at least three of the following categories, as determined by
the economic and community development director. The distance shall be
measured as the shortest straight-line distance from the property line of
the proposed facility to the property line of the entities listed below:
38
10 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
i. Public park or trail, as identified in the city’s
most recently adopted park and open space plan, or owned or maintained
by any agency of the state, or any political subdivision thereof;
ii. Preschool, elementary, or secondary school
(public or private);
iii. Indoor recreational center (community center,
senior center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of
worship;
v. Cultural arts center (theater, concert hall,
artistic, cultural, or other similar event center);
vi. Retail services, including, but not limited to:
medical services; food and beverage establishments; shopping centers; or
other commercial services that are relevant (reasonably useful or
germane) to the residents of the proposed facility, as determined by the
city’s economic and community development director.
b. Alternatively, if the facility provides amenities in one or
more of the categories listed in subsection (3)(a) of this section on the
ground floor of the facility itself, oriented towards the public (meaning that
they are visible, accessible and welcoming), the number of other amenities
to which a half-mile proximity is required may be reduced, at the
discretion of the city’s economic and community development director.
39
11 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
4. Multifamily residential uses, or other residential facilities
where allowed, when established in buildings with commercial or office
uses, and not located on the ground floor.
5. Multifamily residential uses, or other residential facilities
where allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise
changed for human occupancy. Accessory buildings for existing dwellings
may be constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20
residents at any one time, plus up to four resident staff.
8. Accessory structures composed of at least two walls and a
roof, not including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for
the housing of farm owners, operators, or employees, but not
accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating
the maximum density. Accessory dwelling units are allowed only on the
same lot with a principally permitted detached single-family dwelling unit,
and are subject to the provisions of KCC 15.08.160 and 15.08.350.
11. Customary incidental home occupations subject to the
provisions of KCC 15.08.040.
12. [Reserved].
40
12 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
13. Subject to the combining district requirements of the mobile
home park code, Chapter 12.05 KCC.
14. Accessory living quarters are allowed per the provisions of
KCC 15.08.359.
15. [Reserved].
16. Recreational vehicle storage is permitted as an accessory use
in accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant
to a permitted use, except for onsite hazardous waste treatment and
storage facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the
entire property to be rezoned at the time of application for a rezone to an
MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in an MR-T zone shall
be recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. [Reserved].
22. One duplex per lot is permitted.
41
13 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
23. Secure community transition facilities are only permitted
within the boundaries depicted on the following map, and only with a
conditional use permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
71.09 RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15.08.280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group home.
In no case shall a secure community transition facility be sited adjacent to,
immediately across the street or parking lot from, or within the line of
sight of risk potential activities or facilities in existence at the time a site is
listed for consideration. Within line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community
transition facility, the hearing examiner shall consider an unobstructed
visual distance of 600 feet to be within line of sight. During the conditional
use permit process for a secure community transition facility, line of sight
may be considered to be less than 600 feet if the applicant can
demonstrate that visual barriers exist or can be created that would reduce
the line of sight to less than 600 feet. This distance shall be measured by
following a straight line, without regard to intervening buildings, from the
nearest point of the property or parcel upon which the proposed use is to
be located, to the nearest point of the parcel or property or the land use
district boundary line from which the proposed use is to be separated. For
the purpose of granting a conditional use permit for a secure community
transition facility, the hearing examiner shall give great weight to equitable
distribution so that the city shall not be subject to a disproportionate share
of similar facilities of a state-wide, regional, or county-wide nature.
42
14 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
or an approved concrete product that can be either load bearing or
decorative;
c. The designated manufactured home shall comply with
all city design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent
downtown districts outlined in the Downtown Subarea Action Plan and shall
be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested
after March 22, 2007, or altered to comply with zoning and subdivision
code amendments effective after March 22, 2007, 25 percent of the total
43
15 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
number of permitted dwelling units may be duplex or triplex townhouse
structures.
28. Live-work units; provided, that the following development
standards shall apply for live-work units, in addition to those set forth in
KCC 15.04.190:
a. The unit shall contain a cooking space and sanitary
facility in conformance with applicable building standards;
b. Adequate and clearly defined working space must
constitute no less than 50 percent of the gross floor area of the live-work
unit. Said working space shall be reserved for and regularly used by one or
more persons residing there;
c. At least one resident in each live-work unit shall
maintain at all times a valid city business license for a business on the
premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the
required parking is provided;
f. No portion of a live-work unit may be separately rented
or sold as a commercial space for a person or persons not living on the
premises, or as a residential space for a person or persons not working on
the premises;
44
16 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
g. The multiple-family design guidelines and development
standards do not apply to live-work units;[Reserved]
h. Construct all nonresidential space, to the maximum
allowed, to commercial building standards; and
i. Provide an internal connection between the residential
and nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning
district. For assisted living facilities, residential facilities with health care,
and independent senior living facilities, each residential care unit is
considered one dwelling unit for purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at
any one time or more than four resident staff.
31. Emergency housing is an allowed conditional use in the MR-D
zone only in conjunction with an approved conditional use permit, and
subject to the following additional conditions:
a. The emergency housing facility must be located on the
same lot as an actively operating church or similar religious institution, and
the lot must be a minimum of two acres in size;
b. The emergency housing facility must be located within
a permanent, enclosed building;
c. The building footprint of the emergency housing facility
cannot exceed the building footprint of the church or similar religious
institution that exists on the same lot;
45
17 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
d. The church or similar religious institution on the same
lot as the emergency housing facility shall be primarily liable for the
operation and maintenance of the facility itself, as well as the conduct of
the residents of the facility on and in the immediate vicinity of the lot, to
the maximum extent permitted by law, regardless of whether the
organization contracts with a third party for the provision of any services
related to the facility itself or its residents; and
e. The emergency housing facility shall comply with the
setbacks and landscaping requirements for churches, as identified in KCC
15.08.020(A).
SECTION 8. - Amendment. Section 15.04.170 of the Kent City
Code, entitled “Agricultural and residential zone development standards,”
is hereby amended as follows:
Sec. 15.04.170 Agricultural and residential zone development
standards.
46
18 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
A-10
A
g
r
i
c
u
l
t
u
r
a
l
SR
-1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-4.
5
S
i
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-6
S
i
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-8
S
i
n
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l
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-Fa
m
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l
y
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t
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a
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MR
-D
Du
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MR
-T1
2
M
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-T1
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M
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-M
M
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D
e
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M
u
l
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f
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y
Re
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b
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n
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SF Du
pl
ex
SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF
Maximu
m
density
:
dwellin
g units
per
acre
1
d
u
/
1
0
a
c
1
du
/a
c
3.
63
du
s/
ac
4.
53
du
s/
ac
6.
05
du
s/
ac
8.
71
du
s/
ac
8.
71
du
s/
ac
10
.8
9
du
s/
ac
12
.0
du
s/
ac
12
.0
du
s/
ac
16
.0
du
s/
ac
16.0
dus/a
c
16
.0
du
s/
ac
16
.0
du
s/
ac
23
.0
du
s/
ac
23
.0
du
s/
ac
40
.0
du
s/
ac
40
.0
du
s/
ac
Minimu
m lot
area:
square
feet or
acres,
as
noted
1
0
a
c
34
,7
00
sq
ft
9,
60
0
sq
ft
7,
60
0
sq
ft
(3
7)
5,
70
0
sq
ft
(3
7)
4,
00
0
sq
ft
(3
7)
4,
00
0
sq
ft
8,
00
0
sq
ft
no
ne
8,
00
0
sq
ft
8,
50
0/
3,
50
0
sq
ft
(2
7)
no
ne
8,
00
0
sq
ft
(3
5)
8,50
0/3,5
00 sq
ft
(35)
no
ne
8,
00
0
sq
ft
8,
50
0/
2,
50
0
sq
ft
(1
)
no
ne
8,
00
0
sq
ft
8,
50
0/
1,
60
0
sq
ft
(2
)
no
ne
8,
00
0
sq
ft
8,
50
0/
90
0
sq
ft
(3
)
Minimu
m lot
width:
feet (4)
6
0
ft
60
ft
50
ft
50
ft
(3
7)
50
ft
(3
7)
40
ft
(3
7)
25
ft
80
ft
25
ft
80
ft
80
ft
25
ft
80
ft
80 ft 25
ft
80
ft
80
ft
25
ft
80
ft
80
ft
25
ft
80
ft
80
ft
Maximu
m site
coverag
e:
percent
of site
3
0
%
30
%
45
%
(5
)
45
%
(5
)
50
%
(5
)
55
%
(5
)
55
%
(5
)
40
%
(5
)
55
%
(5
)
40
%
(5)
45
%
(5
)
55
%
(5
)
40
%
(5)
45%
(5)
55
%
(5
)
40
%
(5)
45
%
55
%
(5
)
40
%
(5)
45
%
55
%
(5
)
40
%
(5)
50
%
Minimu (
47
19 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
A-10
A
g
r
i
c
u
l
t
u
r
a
l
SR
-1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
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y
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s
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d
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a
l
SR
-4.
5
S
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SR
-6
S
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k
Co
m
b
i
n
i
n
g
m yard
require
ments:
feet
2
2
)
Front
yard
2
0
ft
(
6
)
20
ft
(6
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6
)
(8
)
(9
)
10
ft
(6)
(8)
(9)
12
0
ft
10
ft
(6
)
(8
)
(9
)
10
ft
(6)
(8)
(9)
120
ft
10
ft
(6
)
(8
)
(9
)
10
ft
(6)
(8)
(9)
12
0
ft
10
ft
(6
)
(8
)
(9
)
10
ft
(6)
(8)
(9)
12
0
ft
10
ft
(6
)
(8
)
(9
)
10
ft
(6)
(8)
(9)
12
0
ft
Side
yard
1
5
ft
15
ft
5
ft
8
ft
(3
8)
8
ft
(3
8)
8
ft
(3
8)
5
ft
(3
0)
5
ft
5
ft
(3
0)
5
ft
(1
1)
5
ft
(3
0)
5
ft
(11) 5
ft
(3
0)
5
ft
(1
1)
5
ft
(3
0)
5
ft
(1
1)
5
ft
(3
0)
5
ft
(1
1)
Side
yard on
flankin
g street
of a
corner
lot
2
0
ft
20
ft
10
ft
(9
)
10
ft
(9
)
10
ft
(9
)
10
ft
(9
)
10
ft
(9
)
10
ft
(9
)
10
ft
(9
)
10
ft
(9)
15
ft
10
ft
(9
)
10
ft
(9)
15 ft 10
ft
(9
)
10
ft
(9)
15
ft
10
ft
(9
)
10
ft
(9)
15
ft
10
ft
(9
)
10
ft
(9)
15
ft
Rear
yard
2
0
ft
15
ft
5
ft
10
ft
10
ft
10
ft
5
ft
8
ft
5
ft
8
ft
20
ft
5
ft
8
ft
20 ft 5
ft
8
ft
20
ft
5
ft
8
ft
20
ft
5
ft
8
ft
20
ft
Additio
nal
setback
s/dista
nces
betwee
n
building
s
(
1
2
)
(1
2)
(3
2)
(3
2)
(1
4)
(1
5)
(3
2)
(3
1)
(3
2)
(3
1)
(3
2)
(14)
(15)
(31)
(32)
(3
1)
(3
1)
(1
4)
(1
5)
(3
1)
(1
4)
(1
5)
(1
4)
(1
5)
48
20 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
A-10
A
g
r
i
c
u
l
t
u
r
a
l
SR
-1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-4.
5
S
i
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-6
S
i
n
g
l
e
-Fa
m
i
l
y
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s
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d
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n
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a
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SR
-8
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n
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MR
-G
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D
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n
s
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M
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MR
-M
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P
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Co
m
b
i
n
i
n
g
SF Du
pl
ex
SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF SF Du
ple
x
MF
Height
limitati
on: in
stories/
not to
exceed
in feet
2
.
5
st
r
y
/
3
5
ft
(
1
6
)
2.
5
str
y/
35
ft
2.
5
str
y/
35
ft
2.
5
str
y/
35
ft
2.
5
str
y/
35
ft
2.
5
str
y/
30
ft
2.
5
str
y/
30
ft
2.
5
str
y/
35
ft
2.
5
str
y/
30
ft
2
str
y/
30
ft
3
str
y/
30
ft
2.
5
str
y/
30
ft
2
str
y/
30
ft
3
stry/
30 ft
2.
5
str
y/
30
ft
2.
5
str
y/
35
ft
3
str
y/
40
ft
2.
5
str
y/
30
ft
2.
5
str
y/
35
ft
3
str
y/
40
ft
2.
5
str
y/
30
ft
2.
5
str
y/
35
ft
4
str
y/
50
ft
Maximu
m
impervi
ous
surface
:
percent
of total
parcel
area
4
0
%
(
1
9
)
40
%
(1
9)
50
%
(2
3)
60
%
(2
3)
70
%
(2
3)
75
%
(2
3)
75
%
(1
9)
70
%
(1
9)
75
%
(1
9)
70
%
(1
9)
70
%
(1
9)
75
%
(1
9)
70
%
(1
9)
70%
(19)
75
%
(1
9)
70
%
(1
9)
75
%
(1
9)
70
%
(1
9)
75
%
(1
9)
70
%
(1
9)
Zero lot
line
and
clusteri
ng (24)
The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply.
Signs The sign regulations of Chapter 15.06 KCC shall apply.
Off-
street
The off-street parking requirements of Chapter 15.05 KCC shall apply.
49
21 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
A-10
A
g
r
i
c
u
l
t
u
r
a
l
SR
-1
R
e
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-4.
5
S
i
n
g
l
e
-Fa
m
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l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-6
S
i
n
g
l
e
-Fa
m
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l
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R
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a
l
SR
-8
S
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n
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MR
-D
Du
p
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e
x
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f
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i
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P
a
r
k
Co
m
b
i
n
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n
g
parking
Landsc
aping
The landscaping requirements of Chapter 15.07 KCC shall apply.
Multifa
mily
transiti
on area
(25) (25) (2
5)
(2
5)
(2
5)
Multifa
mily
dDesig
n
review
(
26
)
(3
9)
(4
0)
(
25
)
(2
6)
(3
9)
(4
0)
(
25
)(
26
)(
39
)(
40
)
(
25
)(
26
)(
39
)(
40
)
(
25
)(
26
)(
39
)(
40
)
(25)(
40)
(26)(40)
(26)(34)(40) (25)(26)(40)
(25)(26)
(34)(40)
(25)(26)(40)
Additio
nal
standar
ds
Additional standards for specific uses are contained in Chapters 15.08 and 15.09 KCC.
(
2
0
)
(3
1)
(3
3)
(3
6)
(3
3)
(3
6)
(3
3)
(3
6)
(3
9)
(3
3)
(3
6)
(3
9)
(3
3)
(3
6)
(3
9)
(3
6)
(3
6)
(2
8)
(2
9)
(3
6)
(2
8)
(2
9)
(3
4)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(3
6)
(
3
6
)
50
22 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECTION 9. - Amendment. Section 15.04.180 of the Kent City
Code, entitled “Agricultural and residential land use development standard
conditions,” is hereby amended as follows:
Sec. 15.04.180 Agricultural and residential land use
development standard conditions.
1. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 2,500 square feet for each additional dwelling unit.
2. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 1,600 square feet for each additional dwelling unit.
3. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 900 square feet for each additional dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled
within the proposed boundaries of the lot; provided, that an access
easement to another lot is not included within the circle.
5 Interior yards shall not be computed as part of the site
coverage.
6. Porches and private shared courtyard features may be built
within the front building setback line.
7 For properties abutting on West Valley Highway, the frontage
on West Valley Highway shall be considered the front yard.
51
23 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
8. Proposed front yards less than 20 feet in depth are subject to
approval by the planning manager, based on review and recommendation
from the public works department relative to the existing and future traffic
volumes and right-of-way requirements as specified in the city
comprehensive transportation plan and city construction standards.
9. At least 20 linear feet of driveway shall be provided between
any garage, carport, or other primary parking area and the street property
line with the exception of an alley property line.
10. An aggregate side yard of 30 feet shall be provided. A
minimum of 10 feet shall be provided for each side yard. On a corner lot
the side yard setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot
width; however, regardless of lot width, the yard width need not be more
than 30 feet. For multifamily townhouse developments that attach three
units or less, in the MRT-12 or MRT-16 zoning districts the aggregate yard
width need not be more than 30 feet, but in no case shall a yard be less
than 10 feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agriculture general AG zoning
district.
a. Structures for feeding, housing, and care of animals
shall be set back 50 feet from any property line.
52
24 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
b. Transitional conditions shall exist when an AG district
adjoins a residential district containing a density of two dwelling units or
more per acre or a proposed residential area indicated on the city
comprehensive plan. Such transitional conditions shall not exist where the
separation includes an intervening use such as a river, railroad main line,
major topographic differential, or other similar conditions, or where the
industrial properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
c. Setbacks, Green River. Industrial development in the
AG district abutting the Green River, or Russell Road or Frager Road where
such roads follow the river bank, shall be set back from the ordinary high-
water mark of the river a minimum of 200 feet. Such setbacks are in
accordance with the city comprehensive plan and in accordance with the
high quality of site development typically required for the industrial park
areas of the city and in accordance with the State Shoreline Management
Act of 1971, and shall be no more or less restrictive than the Shoreline
Management Act.
14. An inner court providing access to a double-row building shall
be a minimum of 20 feet.
15. The distance between principal buildings shall be at least one-
half the sum of the height of both buildings; provided, however, that in no
case shall the distance be less than 12 feet. This requirement shall also
apply to portions of the same building separated from each other by a
court or other open space.
16. The height limitations shall not apply to barns and silos;
provided, that they are not located within 50 feet of any lot line.
53
25 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
17. Beyond this height, to a height not greater than either four
stories or 60 feet, there shall be added one additional foot of yard for each
additional foot of building height.
18. The planning manager shall be authorized to approve a height
greater than four stories or 60 feet, provided such height does not detract
from the continuity of the area. When a request is made to exceed the
building height limit, the planning manager may impose such conditions,
within a reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot
is greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade
and fill may be approved as needed to construct permitted buildings or
structures.
c. All subsurface activities, including excavation for
underground utilities, pipelines, or other underground installations, that
cause permanent disruption of the surface of the land. Temporarily
disrupted soil surfaces shall be restored in a manner consistent with
agricultural uses.
54
26 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
d. Dumping or storage of nonagricultural solid or liquid
waste, or of trash, rubbish, or noxious materials.
e. Activities that violate sound agricultural soil and water
conservation management practices.
21. Outdoor storage for industrial uses shall be located at the rear
of a principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and
procedures of the city mobile home park code shall apply. General
requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lot size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25. The requirements of KCC 15.08.215 shall apply in any
multifamily transition area, which includes any portion of a multifamily
district within 100 feet of a single-family district or within 100 feet of a
public street right-of-way.Assisted living facilities, independent senior
living facilities, and residential facilities with healthcare are subject to
multifamily design review as provided for in KCC 15.09.045(D).
26. The requirements of KCC 15.09.045(D) for multifamily design
review shall apply to any multifamily dwelling or transitional housing of
three or more units, including triplex townhouse structures, except when
55
27 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
located within Downtown or along Meeker Street from 64th Avenue South
to Kent-Des Moines Road where development is subject to downtown
design review pursuant to KCC 15.09.046.
27. Minimum lot area is 8,500 square feet for the first two
dwelling units, and 3,500 square feet for each additional dwelling unit.
28. The following zoning is required to be in existence on the
entire property to be rezoned at the time of application of a rezone to an
MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR-T zone
shall be townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-
family development in all multifamily zoning districts as set forth in KCC
15.04.170, a side yard width of no less than three feet may be utilized
under the following conditions:
a. Fire hydrants for the development, as required by the
fire code set forth in KCC Title 13, will be placed a maximum of 300 feet in
separation;
b. The required fire hydrants shall have a minimum fire
flow of 1,500 gallons per minute; and
c. Emergency vehicle access roads shall be provided to
the development, which includes an improved road accessible within 150
feet of all portions of the exterior first floor of the structure.
56
28 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
31. Where lands are located wholly or partially within the urban
separator, as designated on the City of Kent Comprehensive Land Use Plan
Map, dwelling units shall be required to be clustered, subject to the
provisions of Chapter 12.04 KCC, entitled “Subdivisions, Binding Site Plans,
and Lot Line Adjustments.” The density in a cluster subdivision shall be no
greater than the density that would be allowed on the parcel as a whole,
including all critical areas (creeks, wetlands, geological hazard areas), and
buffers, using the maximum density provisions of the zoning district in
which it is located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel includes all areas of the parcel, minus critical areas, as
defined in RCW 36.70A.030(5) as currently and hereinafter amended, and
buffers. The remainder of the nonconstrained area of the parcel shall be
the buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision. All natural
features (such as streams and their buffers, significant stands of trees, and
rock outcroppings), as well as sensitive areas (such as steep slopes and
wetlands and their buffers), shall be preserved as open space in a cluster
subdivision.
57
29 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all
common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands; impairs scenic
vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife
habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces may be retained under
ownership by the owner or subdivider, conveyed to residents of the
development, conveyed to a homeowners’ association for the benefit of the
residents of the development, conveyed to the city with the city’s consent
and approval or to another party upon approval of the city of Kent.
The minimum lot size of individual lots within a clustered subdivision is
2,500 square feet, and the minimum lot width is 30 feet. In the event that
common open space prohibits development of one single-family residence
on the parcel, the common open space will be reduced by the amount
necessary to meet the minimum 2,500-square-foot lot size. New lots
created by any subdivision action shall be clustered in groups not
exceeding eight units. There may be more than one cluster per project.
Separation between cluster groups shall be a minimum of 120 feet. Sight-
obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three
units, the minimum building to building separation shall be 10 feet. For
duplex and single-family condominium townhouse developments, the
minimum building to building separation shall be established through the
58
30 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
33. Where lands are located wholly outside the urban separator,
as designated on the City of Kent Comprehensive Land Use Plan Map,
dwelling units may be clustered, subject to the applicable provisions of
Chapter 12.04 KCC.
34. The downtown design review requirements of KCC 15.09.046
shall apply for all development within Downtown or along Meeker Street
from 64th Avenue South to Kent-Des Moines Road.
35. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
36. Cargo containers proposed to be located in a residential zone
must be located completely within a stick-built structure with a peaked
roof and building materials similar to that of the principal residence on the
site. No containers greater than 10 feet by 20 feet may be placed in
residential districts. This restriction does not apply to containers collecting
debris or accepting household goods for moving that are located on
residential property for less than 72 hours. Additionally, institutional uses
are exempt from these requirements except when a shipping container is
proposed to be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March
22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, the minimum lot size shall be
3,000 square feet. Minimum lot width shall be measured by scaling a 30-
foot-diameter circle within the boundaries of the lot; provided, that
59
31 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
easement areas may not be included in the required 30-foot-diameter
circle. The lot frontage along private or public streets shall be a minimum
20 feet in width. Minimum driveway separation shall be 10 feet. Shared
driveways are permitted.
38. Subdivisions and short subdivisions created on or before
March 22, 2007, may have minimum five-foot side yards. Fifty percent of
the lots within subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, may have minimum five-foot side yards
when special life safety measures are provided. The sum total of both side
yards for the remaining 50 percent of the lots shall be a minimum 16 feet;
any individual side yard less than eight feet may require special life safety
measures.
39. The residential design review standards of KCC 15.09.045(C)
shall apply to subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007.
40. Duplexes are subject to the residential design review
standards of KCC 15.09.045(C), except when located within Downtown or
along Meeker Street from 64th Avenue South to Kent-Des Moines Road
where they are subject to downtown design review pursuant to KCC
15.09.046.
SECTION 10. - Amendment. Section 15.04.190 of the Kent City
Code, entitled “Commercial and industrial zone development standards,” is
hereby amended as follows:
60
32 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Sec. 15.04.190 Commercial and industrial zone development
standards.
61
33 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
AG
Minimum
lot area:
square
feet or
acres, as
noted
10,0
00
sq ft
10,000
sq ft
5,0
00
sq
ft
(1)
(66
)
5,0
00
sq
ft
(66
)
7,500
sq ft
7,500
sq ft
7,500
sq ft
10,0
00
sq ft
10,0
00
sq ft
10,000 sq
ft
(66)
1
acr
e
10,0
00
sq ft
20,0
00
sq ft
15,0
00
sq ft
1
acr
e
Maximu
m site
coverage
: percent
of site
40% 40% 100
%
100
%
80% 100% 80% 50% 50% 40% 60
%
60% 65% 75% 60
%
Minimum
yard
requirem
ents:
feet
Front
yard
10 ft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 15 ft 20 ft (5) (5) (6) (7) (5)
Side yard (8) (9) (2) (3) (68)
(10)
(68)
(10)
(68)
(10)
(10) (10) (10) (1
2)
(12) (13) (14) (1
2)
Side yard
on
flanking
street of
corner lot
The
Midwa
y
Design
Guideli
nes
shall
apply
The
Midwa
y
Design
Guideli
nes
shall
apply
The
Midwa
y
Design
Guideli
nes
shall
apply
(1
7)
(17) (17) (18) (1
7)
Rear
yard
(8) 20 ft (2) (3) (68)
(19)
(68)
(19)
(68)
(19)
(19) (19) (19)
(2)
(2
0)
(20) (21) (21) (2
0)
Yards,
transition
al
condition
s
(2
3)
(23) (24) (25) (2
3)
Additiona
l
setbacks
(2
9)
(29) (2
9)
Height
limitation
: in
stories/n
ot to
exceed in
2
stry/
35 ft
3 stry/
40 ft
(30)
4
stry
/
60
ft
(31
(32
)
5
stry/5
5 ft
(69)
(70)
16
stry/2
00 ft
(70)
16
stry/2
00 ft
(70)
2
stry/
35 ft
(30)
2
stry/
35 ft
(30)
2 stry/ 35
ft
(30)
2
str
y/
35
ft
(3
2
stry/
35 ft
(35)
2
stry/
35 ft
(35)
2
stry/
35 ft
(37)
2
str
y/
35
ft
(3
62
34 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
AG
feet ) 5) 5)
Landscap
ing
The landscaping requirements of Chapter 15.07 KCC shall apply.
(5
2)
(52) (5
2)
Outdoor
storage
(39) (39) (40)
(41)
(40)
(41)
(40) (4
3)
(43) (44) (45)
(51)
(4
3)
Signs The sign regulations of Chapter 15.06 KCC shall apply.
(60)
Vehicle
drive-
through,
drive-in,
and
service
bays
(46) (46) (46
)
(46) (46) (46) (46)
Loading
areas
(4
7)
(4
8)
(47)
(48)
(47)
(49)
(47)
(51)
(4
7)
(4
8)
Off-
street
parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
(57) (57) (57) (57) (5
8)
(58) (58) (57) (5
8)
Design
Review
(4)(11)
(15)
(31
)
(31) (71) (71) (71) (4) (4)(
72)
(4)(11)(15
)(72)
Additiona
l
standard
s
(50)
(56)
(62)
(63)
(64)
(65)
(36)
(50)
(56)
(31
)
(50
)
(56
)
(31
)
(50
)
(56
)
(67
)
(50)
(56)
(71)
(50)
(56)
(71)
(50)
(56)
(71)
(50)
(56)
(50)
(56)
(31)
(36)
(50)
(56)
(72)
(5
0)
(5
3)
(5
4)
(5
5)
(5
6)
(50)
(53)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(5
0)
(5
3)
(5
4)
(5
5)
(5
6)
63
35 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECTION 11. - Amendment. Section 15.04.195 of the Kent City
Code, entitled “Commercial and industrial land use development standard
conditions,” is hereby amended as follows:
Sec. 15.04.195 Commercial and industrial land use
development standard conditions.
1. Minimum lot of record or 5,000 square feet, whichever is less.
2. None, except as required by landscaping, or if off-street
parking is provided onsite. See the downtown design review criteria
outlined in KCC 15.09.046.
3. No minimum setback is required. If a rear and/or side yard
abuts a residential district, a 20-foot setback may be required for any yard
abutting a residential district. See the downtown design review criteria
outlined in KCC 15.09.046.
4. Independent senior living facilities, assisted living facilities
and residential facilities with healthcare are subject to the requirements of
KCC 15.09.045(D) for multifamily design review, unless they are located
within Downtown or along Meeker Street from 64th Avenue South to Kent-
Des Moines Road, where they are subject to downtown design review
pursuant to KCC 15.09.046.[Reserved].
5. The minimum front yard setback shall be related to the
classification of the adjacent street. This classification shall be determined
by the city transportation engineer. The setbacks are as follows:
64
36 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
a. Properties fronting on arterial and collector streets shall
have a minimum setback of 20 feet.
b. Properties fronting on local access streets shall have a
minimum setback of 20 feet.
6. The minimum front yard setback shall be related to the
classification of the adjacent street. This classification shall be determined
by the city transportation engineer. The setbacks are as follows:
a. Properties fronting on arterials and collector streets
shall have a minimum setback of 40 feet.
b. Properties fronting on local access streets shall have a
minimum setback of 30 feet.
7. The front yard shall be 10 percent of the lot depth. Regardless
of lot size, the yard depth need not be more than 35 feet.
8. No side or rear yard is required, except when abutting a
district other than NCC, in which case the yard shall be not less than five
feet in width; provided, however, that if the abutting district or use is
residential, then the yard shall be 10 feet in width and fully landscaped.
9. No side yard is required, except when abutting a more
restrictive district, in which case the side yard shall be not less than 20
feet in width.
10. No side yard is required, except when abutting a residential
district, in which case the side yard shall be not less than 20 feet in width.
65
37 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
11. All projects along Meeker Street from 64th Avenue South to
Kent-Des Moines Road are subject to KCC 15.09.046 for downtown design
review.[Reserved].
12. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 40 feet.
There shall be a minimum of 15 feet on each side.
13. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 30 feet.
There shall be a minimum of 10 feet on each side.
14. The side yards shall have an aggregate width of 10 percent of
the lot width, but the aggregate width need not be more than 25 feet.
There shall be a minimum of 10 feet on each side.
15. Design review for mixed use development is required as
provided for in KCC 15.09.045(F); see KCC 15.04.200 for mixed use
development standards.[Reserved].
16. [Reserved].
17. The minimum side yard on the flanking street of a corner lot
shall be related to the classification of the adjacent street. This
classification shall be determined by the city transportation engineer. The
setbacks are as follows:
a. Properties fronting on arterial and collector streets shall
have a minimum setback of 40 feet.
66
38 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
b. Properties fronting on local access streets shall have a
minimum setback of 30 feet.
18. The side yard on the flanking street of a corner lot shall be at
least 10 percent of the lot width, unless the 10 percent figure would result
in a side yard of greater than 20 feet, in which case the side yard need not
be more than 20 feet.
19. No rear yard is required, except when abutting a residential
district, in which case the rear yard shall be not less than 20 feet in width.
20. No rear yard is required, except as may be required by other
setback provisions of this section.
21. No rear yard is required, except as may be required by
transitional conditions.
22. [Reserved].
23. Transitional conditions shall exist when an industrial park M1
or M1-C district and AG district adjoin a residential district containing a
density of two dwelling units or more per acre or a proposed residential
area indicated on the city comprehensive plan. Such transitional conditions
shall not exist where the separation includes intervening use such as a
river, freeway, railroad main line, major topographic differential, or other
similar conditions, or where the industrial properties face on a limited
access surface street on which the housing does not face. When
transitional conditions exist as defined in this subsection, a yard of not less
than 50 feet shall be provided.
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24. Transitional conditions shall exist when an M2 district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
plan. Such transitional conditions shall not exist where the separation
includes an intervening use such as a river, freeway, railway main line,
major topographic differential, or other similar conditions, or where the
industrial properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
25. Transitional conditions shall exist when an M3 district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
plan. Such transitional conditions shall not exist where the separation
includes an intervening use such as a river, railroad main line, major
topographic differential, or other similar conditions, or where the industrial
properties face on a limited access surface street on which the housing
does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
26. [Reserved].
27. [Reserved].
28. [Reserved].
29. Development in the M1 or M1-C district and AG district
abutting the Green River, or Russell Road or Frager Road where such roads
follow the river bank, shall be set back from the ordinary high-water mark
of the river a minimum of 200 feet. Such setbacks are in accordance with
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the state Shoreline Management Act of 1971, and shall be no more or less
restrictive than the Shoreline Management Act.
30. The economic and community development director shall be
authorized to grant one additional story in height, if during development
plan review it is found that this additional story would not detract from the
continuity of the area. More than one additional story may be granted by
the land use and planning board.
31. The downtown design review requirements of KCC 15.09.046
shall apply.
32. No maximum height limit is required, except for parcels
located within a downtown commercial enterprise – transitional overlay
(DCE-T), where the height limit is 35 feet. See also the downtown design
review criteria outlined in KCC 15.09.046.
33. [Reserved].
34. [Reserved].
35. Beyond this height, to a height not greater than either four
stories or 60 feet, there shall be added one additional foot of yard for each
one foot of additional building height. The economic and community
development director shall be authorized to approve one additional story,
provided such height does not detract from the continuity of the industrial
area, and may impose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height increase may
be granted by the land use and planning board.
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36. Design review for mixed use development is required as
provided in KCC 15.09.045(F). In addition to KCC 15.09.045(F), the
multifamily and downtown design guidelines of KCC 15.09.045(D) and KCC
15.09.046 shall apply for all uses in the GC, GC-MU and CC-MU districts
along the Meeker Street Corridor from 64th Avenue South to Kent-Des
Moines Road. [Reserved].
37. The height limitation is two stories or 35 feet. Beyond this
height, to a height not greater than either four stories or 60 feet, there
shall be added one additional foot of yard for each two feet of additional
building height. The economic and community development director shall
be authorized to approve one additional story, provided such height does
not detract from the continuity of the industrial area, and may impose such
conditions as may be necessary to reduce any incompatibility with
surrounding uses. Any additional height increases may be granted by the
land use and planning board.
38. [Reserved].
39. Outdoor storage areas are prohibited.
40. Outdoor storage areas shall be fenced for security and public
safety by a sight-obscuring fence unless it is determined through the
development plan review that a sight-obscuring fence is not necessary.
41. Any unfenced outdoor storage areas shall be paved with
asphaltic concrete, cement, or equivalent material to be approved by the
city engineer.
42. [Reserved].
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43. Outside storage or operations yards in the M1 or M1-C district
and AG district shall be permitted only as accessory uses. Such uses are
incidental and subordinate to the principal use of the property or structure.
Outside storage or operations yards shall be confined to the area to the
rear of the principal building or the rear two-thirds of the property and
reasonably screened from view from any property line by appropriate
walls, fencing, earth mounds, or landscaping. Outside storage exceeding a
height of 15 feet shall be so placed on the property as to not detract from
the reasonably accepted appearance of the district.
44. Outside storage or operations yards shall be confined to the
area to the rear of a line which is an extension of the front wall of the
principal building, and shall be reasonably screened from view from any
street by appropriate walls, fencing, earth mounds, or landscaping.
45. Outside storage or operations areas shall be fenced for
security and public safety at the property line.
46. Wherever feasible, drive-up/drive-through facilities shall be
accessed from the rear of a site and run along an interior lot line or
building elevation. Landscaping, sufficient to soften the visual impact of
vehicle stacking areas, may be required.
47. Loading areas must be located in such a manner that no
loading, unloading, or maneuvering of trucks associated therewith takes
place on public rights-of-way.
48. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock-high loading areas from public
rights-of-way. Berms shall be a minimum of 36 inches and a maximum of
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42 inches in height. Landscaping located on the berm shall conform to type
III landscaping as described in KCC 15.07.050.
49. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock-high loading areas from public
rights-of-way. Berms shall be a minimum of 30 inches in height.
Landscaping located on the berm shall conform to type III landscaping
described in KCC 15.07.050 pertaining to visual buffers.
50. Development plan approval is required as provided in KCC
15.09.010.
51. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock-high loading areas from public
rights-of-way. Berms shall be a minimum of 20 inches in height.
Landscaping located on the berm shall conform to type III landscaping
described in KCC 15.07.050 pertaining to visual buffers.
52. Where building walls face adjacent streets and are
unfenestrated for more than 40 feet at any point along the facade,
additional landscaping shall be required to reduce visual impacts. In such
circumstances, type II landscaping, as defined in KCC 15.07.050, shall be
required; provided, that evergreen trees shall be at least 10 feet in height
and deciduous trees shall be a minimum of two-inch caliper at the time of
planting.
53. Predominant activities and operations shall be completely
enclosed within buildings or structures, except for customary
appurtenances such as loading and unloading areas, or where special
conditions are imposed pursuant to the approval of a conditional use
permit. The economic and community development director shall be
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authorized to determine the reasonable application of this provision in
cases of operational hardship or other showing of uncommon
circumstances.
54. Multitenant buildings shall be permitted.
55. All required yards, parking areas, storage areas, operations
yards, and other open uses on the site shall be maintained in a neat and
orderly manner appropriate for the district at all times. The economic and
community development director shall be authorized to reasonably pursue
the enforcement of this subsection where a use is in violation, and to notify
the owner or operator of the use in writing of such noncompliance. The
property owner or operator of the use shall be given a reasonable length of
time to correct the condition.
56. The performance standards as provided in KCC 15.08.050
shall apply.
57. Off-street parking may be located in required yards except in
areas required to be landscaped.
58. Those areas not required to be landscaped may be used for
off-street parking.
59. [Reserved].
60. Signage on commercial uses in the M1-C zone shall be as
specified in KCC 15.06.050(B). Signage on industrial uses in the M1-C
zone shall be as specified in KCC 15.06.050(H).
61. [Reserved].
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62. Parking should be located either next to or behind the
building. Parking should not be placed between the street and the building.
63. A direct pedestrian connection shall be provided from the
street to the building.
64. Screening by either an enclosure and/or evergreen
landscaping shall be provided for mechanical equipment, service doors,
and garbage areas. Rooftop equipment shall be enclosed with a parapet or
similar design feature.
65. Structures shall be designed to maintain the residential
character of the surrounding neighborhood. Modulating the building mass,
adding dormer windows, covered entryways, or porches are ways to
enhance the human scale and provide a residential dimension to
structures.
66. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
67. Within the downtown commercial enterprise – transitional
overlay (DCE-T), downtown design review guidelines regarding balconies
and/or upper floor setbacks (sections III.B and III.C) are required
elements, not optional elements.
68. No yard, except as required by landscaping, or if surface
parking is provided onsite. See the Midway Design Guidelines and KCC
15.09.045.
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69. The height limitation of new construction in MTC-1 zoning
district abutting a residential district shall be 35 feet in height within 20
feet from the residential district and 45 feet in height within 40 feet from
the residential district.
70. New construction shall conform to applicable Federal Aviation
Administration regulations, including 14 C.F.R. Part 77, as presently
constituted or as may be subsequently amended.
71. The transit-oriented community design review requirements
of KCC 15.09.045(G) shall apply.
72. Multifamily development or transitional housing with three or
more families outside of Downtown is subject to multifamily Ddesign
review for multifamily development is required as provided in KCC
15.09.045(D).
SECTION 12. - Amendment. Section 15.04.200 of the Kent City
Code, entitled “Mixed use overlay development standards,” is hereby
amended as follows:
Sec. 15.04.200 Mixed use overlay development standards.
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Overlay Districts
GC-MU CC-MU
Floor
area
ratio
Not applicable 0.40 for commercial uses.
0.50 for commercial uses combined with
residential uses; provided, that commercial
floor area may be increased by one square
foot for each square foot of residential floor
area provided up to a maximum
commercial FAR of 0.5.
1.0 for residential uses; provided, that
residential FAR may be increased by 0.5 if
parking is provided below grade, up to a
maximum of 1.5.
Site
coverage
40 percent for commercial uses.
60 percent for commercial uses with
residential uses; provided, that five percent of
the gross floor area is commercial use, except
within the downtown area (as defined in KCC
15.09.046), where 25 percent of the gross
floor area must be commercial use.
40 percent for commercial uses.
60 percent for commercial uses with
residential uses; provided, that 25 percent
of the gross floor area is residential use.
Height 65 feet. 25 feet; provided, that basic heights may
be increased up to the maximum height of
40 feet. (1)
Front
yard
Zero feet; provided, that some setback may
be required in the front yard to accommodate
a sidewalk which shall be at least 10 feet in
width.
Zero feet; provided, that some setback
may be required in the front yard to
accommodate a sidewalk which shall be at
least 10 feet in width.
Rear and
side
yard
Zero feet; provided, that setbacks of at least
20 feet will be required in any rear or side
yards that are adjacent to a residential zoning
district.
Zero feet; provided, that setbacks of at
least 20 feet will be required in any rear or
side yards that are adjacent to a residential
zoning district.
Off-
street
parking
The off-street parking requirements of
Chapter 15.05 KCC shall apply.
Retail/office uses: four spaces per 1,000
square feet of floor area. (2)
Residential uses. (3)
Design
review
Design review requirements of KCC
15.09.045(FD) shall apply for all mixed use
projects in GC-MU zones, except for the
following:
a. Projects along Meeker Street from
64th Avenue South to Kent-Des
Moines Road and in Downtown are
subject to downtown design review
requirements of KCC 15.09.046.
a.b. Independent senior living facilities,
assisted living facilities, residential
facilities with healthcare or
transitional housing of three or more
families located outside of Downtown
and Meeker Street from 64th Avenue
Design review requirements of KCC
15.09.045(F) shall apply for all mixed use
projects in CC-MU zones, except for the
following:
a. Projects along Meeker Street from
64th Avenue South to Kent-Des
Moines Road and in Downtown are
subject to downtown design
review requirements of KCC
15.09.046.
a.b. Independent senior living
facilities, assisted living facilities,
residential facilities with
healthcare or transitional housing
of three or more families located
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Overlay Districts
GC-MU CC-MU
South to Kent-Des Moines Road are
subject to multifamily design review
as provided for in KCC
15.09.045(D).and (F) and 15.09.046
shall apply, including application of
the multifamily, mixed use and
downtown design guidelines of KCC
15.09.045(D) and (F) and 15.09.046
for all uses in the GC-MU overlay
district along the Meeker Street
Corridor from 64th Avenue South to
Kent-Des Moines Road.
outside of Downtown and Meeker
Street from 64th Avenue South to
Kent-Des Moines Road are subject
to multifamily design review as
provided for in KCC 15.09.045(D).
shall apply for all projects.,
including application of the
multifamily, mixed use and
downtown design guidelines of
KCC 15.09.045(D) and (F) and
15.09.046 for all uses in the CC-
MU overlay district along the
Meeker Street Corridor from 64th
Avenue South to Kent-Des Moines
Road.
SECTION 13. - Amendment. Section 15.08.400 of the Kent City
Code, entitled “Planned unit development, PUD,” is hereby amended as
follows:
Sec. 15.08.400 Planned unit development, PUD. The intent of
the PUD is to create a process to promote diversity and creativity in site
design, and protect and enhance natural and community features. The
process is provided to encourage unique developments which may combine
a mixture of residential, commercial, and industrial uses. The PUD process
permits departures from the conventional siting, setback, and density
requirements of a particular zoning district in the interest of achieving
superior site development, creating open space, and encouraging
imaginative design by permitting design flexibility. By using flexibility in
the application of development standards, this process will promote
developments that will benefit citizens that live and work within the city.
A. Zoning districts where permitted. PUDs are permitted in all
zoning districts with the exception of the A-10, agricultural zone; provided,
however, that PUDs in SR zones are only allowed if the site is at least one
hundred (100) acres in size, except as provided in subsection (C) of this
section.
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49 Amend KCC Sections -
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B. Permitted uses.
1. Principally permitted uses. The principally permitted
uses in PUDs shall be the same as those permitted in the underlying
zoning classifications, except as provided in subsection (B)(4) of this
section.
2. Conditional uses. The conditional uses in PUDs shall be
the same as those permitted in the underlying zoning classification. The
conditional use permit review process may be consolidated with that of the
PUD pursuant to procedures specified in subsection (F) of this section.
3. Accessory uses. Accessory uses and buildings which are
customarily incidental and subordinate to a principally permitted use are
also permitted.
4. Exceptions. In residential PUDs of one hundred (100)
acres or more located in SR zones, and in residential PUDs of ten (10)
acres or more located in other zoning districts, commercial uses may be
permitted. Commercial uses shall be limited to those uses permitted in the
neighborhood convenience commercial district. In PUDs of one hundred
(100) acres or more in size located in SR zones, attached dwelling units
are permitted only if they are condominiums created in accordance with
the Washington Condominium Act, Chapter 64.34 RCW; provided, that if a
proposed PUD in a single-family zoning district includes such attached
condominiums, the density bonus provisions outlined in subsection (D) of
this section shall not apply; and further provided, that no condominium
building may exceed two (2) stories.
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50 Amend KCC Sections -
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C. Development standards. The following development standards
are minimum requirements for a planned unit development:
1. Minimum lot size exclusion. The minimum lot size
requirements of the districts outlined in this title shall not apply to PUDs.
2. Minimum site acreage. Minimum site acreage for a PUD
is established according to the zoning district in which the PUD is located,
as follows:
Zones Minimum Site
Acreage
Multifamily (MR-D, MR-G, MR-M, MR‑H, MR‑T12,
MR‑T16)
None
Commercial, office and manufacturing zones
None
SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8)
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115
5 acres
SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8)
consisting entirely of detached single-family
dwellings as defined in KCC 15.02.115 and if
providing increased wetland buffers pursuant to
KCC 11.06.600(D)
0 acres
SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8) not
comprised entirely of detached single-family
dwellings as defined in KCC 15.02.115
100 acres
3. Minimum perimeter building setback. The minimum
perimeter building setback of the underlying zone shall apply. Multifamily
transition area requirements shall apply to any multifamily developments
(as provided in KCC 15.08.215), except where specifically exempted by
administrative design review (as provided in KCC 15.09.045). The hearing
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51 Amend KCC Sections -
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examiner may reduce building separation requirements to the minimum
required by the building and fire departments according to the criteria set
forth in subsection (F)(1) of this section. If an adjacent property is
undevelopable under this title, the hearing examiner may also reduce the
perimeter building setback requirement to the minimum standards in the
city building and fire codes.
4. Maximum height of structures. The maximum height of
structures of the underlying zone shall apply. Multifamily transition area
requirements shall apply to any multifamily developments (as provided in
KCC 15.08.215), except where specifically exempted by administrative
design review (as provided in KCC 15.09.045). The hearing examiner may
authorize additional height in CC, GC, DC, CM, M1, M2, and M3 zones
where proposed development in the PUD is compatible with the scale and
character of adjacent existing developments.
5. Open space.
a. The standard set forth in this subsection shall
apply to PUD residential developments only. Each PUD shall provide a
minimum of thirty-five (35) percent of the total site area for common open
space. In mixed use PUDs containing residential uses, thirty-five (35)
percent of the area used for residential use shall be reserved as open
space.
b. For the purpose of this section, open space shall
be defined as land which is not used for buildings, dedicated public rights-
of-way, traffic circulation and roads, parking areas, or any kind of storage.
Open space includes, but is not limited to, privately owned woodlands,
open fields, streams, wetlands, severe hazard areas, landscaped areas,
trails through parks and sensitive areas (not including required sidewalks),
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52 Amend KCC Sections -
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gardens, courtyards, or lawns. Common open space may provide for either
active or passive recreation.
c. Open space within a PUD shall be available for
common use by the residents, tenants, or the general public, depending on
the type of project.
6. Streets. If streets within the development are required
to be dedicated to the city for public use, such streets shall be designed in
accordance with the standards outlined in the city subdivision code and
other appropriate city standards. If streets within the development are to
remain in private ownership and remain as private streets, the following
standards shall apply:
a. Minimum private street pavement widths for
parallel parking in residential planned unit developments. Minimum private
street pavement widths with and without parallel parking in residential
planned unit developments are as follows:
No Parking (feet) Parking One Side
(feet)
Parking Both
Sides (feet)
One-way streets 20 29 38
Two-way streets 22 31 40
The minimum widths set out in this subsection may be modified upon
review and approval by the city fire chief and the city traffic engineer,
providing they are sufficient to maintain emergency access and traffic
safety. A maintenance agreement for private streets within a PUD shall be
required by the hearing examiner as a condition of PUD approval.
b. Vehicle parking areas. Adequate vehicular
parking areas shall be provided. Vehicular parking areas may be provided
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53 Amend KCC Sections -
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by on-street parking or off-street parking lots. The design of such parking
areas shall be in accordance with the standards outlined in Ch. 15.05 KCC.
In single-family PUDs, parking shall be provided at a ratio of 1.8 parking
stalls per dwelling unit; garages are excluded from the parking circulation.
The planning manager may recommend for hearing examiner approval
additional parking based upon site design and project land uses; the
recommendation may include a requirement for on-street parking.
c. One-way streets. One-way loop streets shall be
no more than two thousand (2,000) feet long.
d. On-street parking. On-street parking shall be
permitted. Privately owned and maintained “no parking” and “fire lane”
signs may be required as determined by the city traffic engineer and city
fire department chief.
7. Pedestrian walkways. Pedestrian walkways shall be
provided to connect residences to public walkways and streets and shall be
constructed of material deemed to be an all-weather surface by the public
works director and planning manager.
8. Landscaping.
a. Minimum perimeter landscaping of the
underlying zone shall apply. Additional landscaping shall be required as
provided in Ch. 15.07 KCC and KCC 15.08.215.
b. All PUD developments shall ensure that parking
areas are integrated with the landscaping system and provide screening of
vehicles from view from public streets. Parking areas shall be conveniently
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54 Amend KCC Sections -
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located to buildings and streets while providing for landscaping adjacent to
buildings and pedestrian access.
c. Solid waste collection areas and waste reduction
or recycling collection areas shall be conveniently and safely located for
onsite use and collection, and attractively site screened.
9. Signs. The sign regulations of Ch. 15.06 KCC shall
apply.
10. Platting. If portions of the PUD are to be subdivided for
sale or lease, the procedures of the city subdivision code, as amended,
shall apply. Specific development standards such as lot size, street design,
etc., shall be provided as outlined in subsection (E) of this section.
11. Green River Corridor. Any development located within
the Green River Corridor district shall adhere to the Green River Corridor
district regulations.
12. View regulations. View regulations as specified in KCC
15.08.060 shall apply to all PUDs.
13. Shoreline master program. Any development located
within two hundred (200) feet of the Green River shall adhere to the city
shoreline master program regulations.
14. Design review. PUDs shall be subject to administrative
design review in KCC 15.09.045. PUDs of only single-family detached
residences shall be evaluated using the review criteria of KCC
15.09.045(C), multifamily residential design review. Independent senior
living facilities, assisted living facilities, residential facilities with healthcare
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or transitional housing of three or more families located outside of
Downtown and Meeker Street from 64th Avenue South to Kent-Des Moines
Road are subject to design review as provided for in KCC 15.09.045(D), or
as provided for in KCC 15.09.046 if located within Downtown or along
Meeker Street from 64th Avenue South to Kent-Des Moines Road.
D. Density bonus standards. The density of residential
development for PUDs will be based on the gross density of the underlying
zoning district with density bonuses allowed as described below. PUDs
under twenty (20) acres in size located in SR zones shall not be allowed
density bonuses except as provided by subsection (D)(8) of this section.
For all other PUDs, the hearing examiner may recommend a dwelling unit
density not more than twenty (20) percent greater than that permitted by
the underlying zone upon findings and conclusions that the amenities or
design features which promote the purposes of this subsection, as follows,
are provided:
1. Open space. A four (4) percent density bonus may be
authorized if at least ten (10) percent of the open space is in concentrated
areas for passive use. Open space shall include significant natural features
of the site, including but not limited to fields, woodlands, watercourses,
and permanent and seasonal wetlands. Excluded from the open space
definition are the areas within the building footprints, land used for
parking, vehicular circulation or rights-of-way, and areas used for any kind
of storage.
2. Active recreation areas. A four (4) percent density
bonus may be authorized if at least ten (10) percent of the site is utilized
for active recreational purposes, including but not limited to jogging or
walking trails, pools, children’s play areas, etc. Only that percentage of
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space contained within accessory structures that is directly used for active
recreation purposes can be included in the ten (10) percent active
recreation requirement.
3. Stormwater drainage. A two (2) percent density bonus
may be authorized if stormwater drainage control is accomplished using
natural onsite drainage features. Natural drainage features may include
streams, creeks, ponds, etc.
4. Native vegetation. A four (4) percent density bonus
may be authorized if at least fifteen (15) percent of the native vegetation
on the site is left undisturbed in large open areas.
5. Parking lot size. A two (2) percent density bonus may
be authorized if off-street parking is grouped in areas of sixteen (16) stalls
or less. Parking areas must be separated from other parking areas or
buildings by significant landscaping in excess of type V standards as
provided in KCC 15.07.050. At least fifty (50) percent of these parking
areas must be designed as outlined in this subsection to receive the
density bonus.
6. Mixed housing types. A two (2) percent density bonus
may be authorized if a development features a mix of residential housing
types. Single-family residences, attached single units, condominiums,
apartments, and townhomes are examples of housing types. The mix need
not include some of every type.
7. Project planning and management. A two (2) percent
density bonus may be granted if a design/development team is used. Such
a team would include a mixture of architects, engineers, landscape
architects, and designers. A design/ development team is likely to produce
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57 Amend KCC Sections -
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a professional development concept that would be consistent with the
purpose of the zoning regulations.
8. Increased wetland buffer widths. A ten (10) percent
density bonus may be granted for a wetland buffer that is increased by
twenty-five (25) feet. A twenty (20) percent density bonus may be granted
for a wetland buffer that is increased by fifty (50) feet. All other
requirements of the PUD standards shall apply.
These standards are thresholds, and partial credit is not given for partial
attainment. The site plan must at least meet the threshold level of each
bonus standard in order for density bonuses to be given for that standard.
In no case shall any of the density bonus provisions be combined to create
a total bonus greater than twenty (20) percent.
E. Master plan approvals. The master plan process is intended to
allow approval of a generalized, conceptual development plan on a site
which would then be constructed in phases over a longer period of time
than a typical planned unit development. The master plan approval process
is typically appropriate for development which might occur on a site over a
period of several years, and in phases which are not entirely predictable.
1. Submittal requirements. The distinguishing
characteristic between a master plan development application and a
planned unit development application is that a master plan development
proposal is conceptual in nature. However, the master plan application
shall provide sufficient detail of the scope of the development, the uses,
the amount of land to be developed and preserved, and how services will
be provided. The specific submittal requirements are noted below:
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a. A written description of the scope of the project,
including total anticipated build-out (number of units of residential, gross
floor area for commercial), and the types of uses proposed;
b. A clear vicinity map, showing adjacent roads;
c. A fully dimensional site plan, which would show
the areas upon which development would occur, the proposed number of
units or buildings in each phase of the development, the areas would be
preserved for open space or protection of environmentally sensitive
features, and a generalized circulation plan, which would include proposed
pedestrian and bicycle circulation;
d. A generalized drainage and stormwater runoff
plan;
e. A site map showing contours at not greater than
five (5) foot intervals and showing any wetlands, streams, or other natural
features;
f. A description of the proposed phasing plan;
g. Documentation of coordination with the Kent
school district;
h. Certificates of water and sewer availability;
i. Generalized building elevations showing the
types of uses being proposed.
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2. Density. The gross density of a residential master plan
project shall be the same as the density allowable in the underlying zoning
district.
3. Open space. The criteria in subsection (C)(5) of this
section shall apply.
4. Application process. The application process for a
master plan application shall be as outlined in subsection (F) of this
section.
5. Review criteria. The review criteria for a master plan
application shall be the same as those outlined in subsection (G) of this
section.
6. Administrative approval of individual phases. Once a
master site plan PUD has been approved pursuant to subsection (F) of this
section, any individual phase of the development shall be reviewed and
approved administratively, as outlined in Ch. 15.09 KCC; provided, that for
each phase of development that includes a residential condominium, the
applicant shall submit a copy of the condominium declaration recorded
against the property, and as outlined in RCW 64.34.200.
7. Time limits. The master plan approved by the hearing
examiner or city council, as provided in subsection (F) of this section, shall
be valid for a period of up to seven (7) years. At the end of this seven (7)
year period, development permits must be issued for all phases of the
master plan development. An extension of time may be requested by the
applicant. A single extension may be granted by the planning manager for
a period of not more than two (2) more additional years.
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8. Modifications. Once approved, requests for
modifications to the master plan project shall be made in writing to the
planning manager. The planning manager shall make a determination as to
whether the requested modification is major or minor as outlined in
subsection (I) of this section.
F. Application process. The application process includes the
following steps: informal review process, compliance with the State
Environmental Policy Act, community information meeting, development
plan review, and public hearing before the hearing examiner.
1. Informal review process. An applicant shall meet
informally with the planning department at the earliest possible date to
discuss the proposed PUD. The purpose of this meeting is to develop a
project that will meet the needs of the applicant and the objectives of the
city as defined in this title.
2. SEPA compliance. Compliance with the State
Environmental Policy Act and regulations and city SEPA requirements shall
be completed prior to development plan review.
3. Development plan review. After informal review and
completion of the SEPA process, a proposal shall next be reviewed by city
staff through the development plan review process. Comments received by
the project developer under the development review process shall be used
to formalize the proposed development prior to the development being
presented at a public hearing before the hearing examiner.
4. Community information meeting.
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a. A community information meeting shall be
required for any proposed PUD located in a residential zone or within two
hundred (200) feet of a residential zone. At this meeting, the applicant
shall present the development proposed to interested residents. Issues
raised at the meeting may be used to refine the PUD plan. Notice shall be
given in at least one (1) publication in the local newspaper at least ten
(10) days prior to the public hearing. Written notice shall be mailed first
class to all property owners within a radius of not less than two hundred
(200) feet of the exterior boundaries of the property subject to the
application. Any alleged failure of any property owner to actually receive
the notice of hearing shall not invalidate the proceedings.
b. Nonresidential PUDs not located within two
hundred (200) feet of a residential zone shall not require a community
information meeting.
5. Public notice and hearing examiner public hearing. The
hearing examiner shall hold at least one (1) public hearing on the
proposed PUD and shall give notice thereof in at least one (1) publication
in the local newspaper at least ten (10) days prior to the public hearing.
Written notice shall be mailed first class to all property owners within a
radius of not less than two hundred (200) feet of the exterior boundaries
of the property subject to the application. Any alleged failure of any
property owner to actually receive the notice of hearing shall not invalidate
the proceedings.
6. Consolidation of land use permit processes. The PUD
approval process may be used to consolidate other land use permit
processes, which are required by other sections of this title. The public
hearing required for the PUD may serve as the public hearing for the
conditional use permit, subdivision, shoreline substantial development, and
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rezoning if such land use permits are a part of the overall PUD application.
When another land use permit is involved which requires city council
approval, the PUD shall not be deemed to be approved until the city
council has approved the related land use permit. If a public hearing is
required for any of the categories of actions listed in this subsection, the
hearing examiner shall employ the public hearing notice requirements for
all actions considered which ensure the maximum notice to the public.
7. Hearing examiner decision. The hearing examiner shall
issue a written decision within ten (10) working days from the date of the
hearing. Parties of record will be notified in writing of the decision. For
PUDs which propose a use permitted in the underlying zoning district, the
hearing examiner’s decision is final. For PUDs which propose a use which is
not typically permitted in the underlying zoning district as provided in
subsection (B)(4) of this section, the hearing examiner shall forward a
recommendation to the city council, which shall have the final authority to
approve or deny the proposed PUD. For a proposed residential PUD that
includes condominiums as outlined in subsection (B)(4) of this section, a
condition of approval by the city council shall be that for each development
phase the applicant shall submit a recorded copy of the covenants,
conditions, and restrictions recorded against the property. Within thirty
(30) days of receipt of the hearing examiner’s recommendation, the city
council shall, at a regular meeting, consider the application. Any appeal
from the final decision of the hearing examiner and city council shall be
pursuant to the appeal provisions of Ch. 12.01 KCC.
8. Effective date. In approving a PUD, the hearing
examiner shall specify that the approved PUD shall not take effect unless
or until the developer files a completed development permit application
within the time periods required by this title as set forth in subsection (G)
of this section. No official map or zoning text designations shall be
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amended to reflect the approved PUD designation until such time as the
PUD becomes effective.
G. Review criteria for planned unit developments. Upon receipt
of a complete application for a residential PUD, the planning department
shall review the application and make its recommendation to the hearing
examiner. The hearing examiner shall determine whether to grant, deny,
or condition an application based upon the following review criteria:
1. Residential planned unit development criteria.
a. The proposed PUD project shall have a beneficial
effect upon the community and users of the development which would not
normally be achieved by traditional lot-by-lot development and shall not be
detrimental to existing or potential surrounding land uses as defined by the
comprehensive plan.
b. The proposed PUD project shall be compatible
with the existing land use or property that abuts or is directly across the
street from the subject property. The term compatibility includes but is not
limited to apparent size, scale, mass, and architectural design.
c. Unusual and sensitive environmental features of
the site shall be preserved, maintained, and incorporated into the design
to benefit the development and the community.
d. The proposed PUD project shall provide areas of
openness by using techniques such as clustering, separation of building
groups, and use of well-designed open space and landscaping. Open space
shall be integrated within the PUD rather than be an isolated element of
the project.
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e. The proposed PUD project shall promote variety
and innovation in site and building design, and shall include architectural
and site features that promote community interaction, such as porches,
de-emphasized garages, sidewalks/walkways and adjacent common areas.
Buildings in groups shall be related by common materials and roof styles,
but contrast shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale, and orientation.
f. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
2. Nonresidential planned unit development criteria.
a. The proposed project shall have a beneficial
effect which would not normally be achieved by traditional lot-by-lot
development and not be detrimental to present or potential surrounding
land uses as defined by the comprehensive plan.
b. Unusual and sensitive environmental features of
the site shall be preserved, maintained, and incorporated into the design
to benefit the development and the community.
c. The proposed project shall provide areas of
openness by the clustering of buildings, and by the use of well-designed
landscaping and open spaces. Landscaping shall promote a coordinated
appearance and break up continuous expanses of building and pavement.
d. The proposed project shall promote variety and
innovation in site and building design. It shall encourage the incorporation
of special design features such as visitor entrances, plazas, outdoor
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employee lunch and recreation areas, architectural focal points, and accent
lighting.
e. Building design shall be based on a unified
design concept, particularly when construction will be in phases.
H. Time limits.
1. Application for development permit. The applicant shall
apply for a development permit no later than one (1) year following final
approval of the PUD. The application for development permit shall contain
all conditions of the PUD approval.
2. Extensions. An extension of time for development
permit application may be requested in writing by the applicant. Such an
extension may be granted by the planning manager for a period not to
exceed one (1) year. If a development permit is not issued within two (2)
years, the PUD approval shall become null and void and the PUD shall not
take effect.
I. Modifications of plan. Requests for modifications of final
approved plans shall be made in writing and shall be submitted to the
planning services office in the manner and form prescribed by the planning
manager. In commercial, office, industrial, and manufacturing zoning
districts, where a master plan is consistent with a planned action ordinance
and a development agreement, the determination of whether a proposed
modification is minor or major shall be made at the sole discretion of the
planning manager; provided, however, that the planning manager’s
determination must be consistent with criteria established in either the
planned action ordinance or the development agreement. If the planned
action ordinance or the development agreement does not establish such
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criteria, the planning manager’s determination shall be consistent with the
criteria stated in subsections (I)(1) and (I)(2) of this section. The criteria
for determining minor and major modifications in all other cases shall be
as stated in subsections (I)(1) and (I)(2) of this section. The criteria for
approval of a request for a major modification shall be those criteria
covering original approval of the permit which is the subject of the
proposed modification.
1. Minor modifications. Modifications are deemed minor if
all the following criteria are satisfied:
a. No new land use is proposed;
b. No increase in density, number of dwelling units,
or lots is proposed;
c. No change in the general location or number of
access points is proposed;
d. No reduction in the amount of open space is
proposed;
e. No reduction in the amount of parking is
proposed;
f. No increase in the total square footage of
structures to be developed is proposed; and
g. No increase in general height of structures is
proposed.
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Examples of minor modifications include but are not limited to lot line
adjustments, minor relocations of buildings or landscaped areas, minor
changes in phasing and timing, and minor changes in elevations of
buildings.
2. Major modifications. Major adjustments are those
which, as determined by the planning manager, substantially change the
basic design, density, open space, or other similar requirements or
provisions. Major adjustments to the development plans shall be reviewed
by the hearing examiner. The hearing examiner may review such
adjustments at a regular public hearing. If a public hearing is held, the
process outlined in subsection (F) of this section shall apply. The hearing
examiner shall issue a written decision to approve, deny, or modify the
request. Such a decision shall be final. Any appeals of this decision shall be
in accordance with KCC 12.01.040.
SECTION 14. - Amendment. Section 15.09.045 of the Kent City
Code, entitled “Administrative design review,” is hereby amended as
follows:
Sec. 15.09.045 Administrative design review.
A. Purpose and scope. Administrative design review is an
administrative process, the purpose of which is to implement and give
effect to the comprehensive plan, its policies or parts thereof through the
adoption of design criteria for development relative to site layout,
landscape architecture, and exterior structure design. It is the intent of the
city that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage a
diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria
have been formulated to improve the design, siting, and construction of
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development projects so as to be compatible, both visually and otherwise,
with the topographic, open space, urban, or suburban characteristics of the
land or adjacent properties, while still maintaining allowable densities to be
applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the
city.
The adoption of design criteria is an element of the city’s regulation of land
use, which is statutorily authorized. Application of the multifamily design
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; therefore, in implementing the administrative
design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed
projects. Further rules may be promulgated for additional administrative
review.
B. Application and review process. Administrative design review
process is classified as a Process II application and shall be subject to the
applicable requirements of Chapter 12.01 KCC. The applicant must make
application for the design review process on forms provided by the
planning services division. Upon receipt of an application for design review,
the planning director shall circulate the application to the public works
director, building official, and the city administrator for review. Prior to
making a final decision, the planning director shall review any comments
submitted for consideration. In the administration of this process, the
planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and provide additional guidance on the
interpretation of the criteria set forth in subsections (C) and (D) of this
section, as well as a detailed explanation of the design review process.
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C. Residential design review. In order to diminish the perception
of bulk, and provide visual interest along residential home facades that
face public areas, architectural design considerations shall be applied.
Homes located within subdivisions and short subdivisions vested after
March 22, 2007, or altered to comply with code amendments effective
after March 22, 2007, shall be subject to residential design review. This
design review shall be applied administratively as part of the building
permit review process for each new home.
1. Orientation of homes. The entry facade of each
dwelling unit shall be generally oriented toward the highest classification
street from which access to the lot is allowed.
2. Attached units. A building that contains a grouping of
attached units shall not exceed a two hundred (200) foot maximum length
and shall be separated from other groups of attached units by a minimum
fifteen (15) feet.
3. Architecture. Each dwelling unit facade that faces a
public area shall, at a minimum, incorporate architectural elements as
follows:
a. Two (2) elements of facade modulation and/or
roofline variation, ;
b. The maximum horizontal facade length without
one (1) element of either facade modulation or roofline variation shall be
twenty (20) feet; and
c. Three (3) architectural detail elements.
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4. Garages. Dwelling units within subdivisions and short
subdivisions shall provide diminished garage doors according to the
percentage and locations approved with the subdivision and short
subdivision.
D. Multifamily design review. The planning services
division shall use the Multifamily Design Guidelines as an adopted element
of the city’s regulation of land use, which is statutorily authorized,
following criteria in the evaluation and/or conditioning of applications
under the multifamily design review process.:
1. Site design.
a. The site plan for the development should be integrated
with the surrounding neighborhood.
b. The site plan should take into consideration significant
environmental considerations and the lay of the land.
c. The site plan should provide an open space network
which will accommodate a wide variety of activities, both semipublic and
private.
d. The site plan should accommodate vehicular access and
parking in a manner which is convenient, yet does not allow the
automobile to dominate the site.
e. The site plan should provide safe and convenient
pedestrian circulation.
2. Landscape design.
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a. The landscape plan should integrate with and enhance
the surrounding neighborhood landscape.
b. The landscape plan should incorporate existing natural
features of significance.
c. The landscape plan should enhance the planned open
space network.
d. The landscape plan should enhance the parking and
utility areas on the site.
e. The landscape plan should enhance building forms and
orientation.
f. The landscape plan should indicate the use of plant
species suited to the microclimate of the site and should provide for
maintenance of these plants.
3. Building design.
a. The buildings in the development should, where
appropriate, maintain neighborhood scale and density.
b. The buildings in the development should be oriented to
provide for privacy of residents.
c. The exterior design of all buildings in the development
should provide for individual unit identity.
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E. [Reserved].Multifamily transition areas. Through the
administrative design review process, specific multifamily transition area
requirements may be waived or modified where the applicant
demonstrates an alternative site plan which fulfills an equivalent function
to the multifamily transition area requirements. Elements which may be
evaluated under this process include general site layout, building
placement and orientation, parking and maneuvering arrangements,
landscaping, and other screening and buffering provisions.
1. Required findings. In order to modify or waive any multifamily
transition area requirement, the planning director must find that all of the
following criteria have been met:
a. The proposal will accomplish the same or better protection of
an abutting single-family district from impacts of noise, traffic, light, and
other environmental intrusions caused by the multifamily development.
b. The proposal will accomplish the same or better transition
between the multifamily development and abutting streets, including
adequate buffering of the multifamily development from the street, and
vice versa.
c. The proposal is compatible with surrounding uses.
Compatibility includes but is not limited to site layout, size, scale, mass,
and provisions for screening and buffering. The planning director shall
issue a report of his findings, conclusions, and determination for each
proposal under this section.
F. Mixed use design review. The planning services division shall
use the following criteria in the evaluation and/or conditioning of
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applications under the mixed use design review process when a project
includes residential use:
1. The following criteria should apply to all mixed use with
a residential component development:
a. Some common recreation space roofs, terraces,
indoor rooms, courtyards.
b. Lighting features that are shielded, directing light
downwards.
c. The residential portion of the building should
incorporate residential details, such as window trim, trellises, balconies,
and bay windows.
d. The residential component should have an
obvious, generous entrance, within features suggesting a “front door” for
example, a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use
development:
a. If the residential component is located away
from the main street, a landscaped pedestrian path should be provided
between the entrance and public sidewalk.
b. Although the commercial and residential
components may have different architectural expressions, they should
exhibit a number of elements that produce the effect of an integrated
development.
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c. Surface parking should be generously landscaped
to serve as an amenity. Lighting fixtures should not exceed the height of
the first floor.
3. The following criteria shall apply to mixed use buildings
with a residential component:
a. Parking lots, if used, should be divided into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of different materials,
generous windows with low sill heights, “store” doors, canopies, and
planters.
c. Residential floors should be expressed in an
obvious manner, with stepbacks, change in materials or color, and
overhangs.
d. Commercial signs should be contained within the
first floor commercial base and not extend up into the residential floor
facades.
G. Transit-oriented community design review. The planning
services division shall use the following criteria in the evaluation or
conditioning of applications under the transit-oriented community design
review process:
1. The Midway Design Guidelines as an adopted element
of the city’s regulation of land use, which is statutorily authorized, shall
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apply to all development with a land use plan map designation of transit-
oriented community.
2. Residential use design review. In addition to the
Midway Design Guidelines, the following design requirements apply to
residential uses and development:
a. Openings from the build-to line. When a
residential unit has direct access to the public domain, a ten (10) foot front
yard shall be provided. When residential units have access through a main
location, such as an atrium, courtyard, or other main entryway, said
access shall be at the build-to line.
b. Open space. Residential development shall
provide not less than twenty (20) percent of the gross land area for
common open space, which shall be:
i. Designed to provide either passive or
active recreation;
ii. If under one (1) ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners
of the development by means of a homeowners’ association, said
association shall be responsible for maintenance. If such open space is not
maintained in a reasonable manner, the city shall have the right to provide
for the maintenance thereof and bill the homeowners’ association
accordingly. If unpaid, such bills shall be a lien against the homeowners’
association; or
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iv. Dedicated for public use if accepted by the
city legislative authority or other appropriate public agency.
c. Storage of recreational vehicles. The storage or
parking of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or
reject any application under the administrative design review process is
final unless an appeal is made by the applicant or any party of record to
the hearing examiner within fourteen (14) calendar days of either the
issuance of the director’s conditional approval under this section of any
application, or the director’s written decision rejecting any application
under this section. The appeal shall be conducted by the hearing examiner
as an open record appeal hearing in accordance with the requirements of
Chapters 2.32 and 12.01 KCC. The decision of the hearing examiner shall
be final unless an appeal is made to the superior court within twenty-one
(21) calendar days after the hearing examiner’s notice of decision.
SECTION 15. - Amendment. Section 15.09.046 of the Kent City
Code, entitled “Downtown design review,” is hereby amended as follows:
Sec. 15.09.046 Downtown design review.
A. Purpose and scope.
1. Downtown design review is an administrative process,
the purpose of which is to implement and give effect to the downtown
subarea action plan and its policies or parts thereof. The downtown design
guidelines, as set forth in subsection (D) of this section, apply to all
development located within the downtown area, as shown on the map
following this section.
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It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning
development in the downtown area and encourage a diversity of
imaginative solutions to development through the review and application of
the downtown design guidelines. These guidelines have been formulated to
ensure that the design, siting, and construction of development will
provide a quality pedestrian-oriented urban environment in a manner
consistent with established land use policies, the comprehensive plan, and
the zoning code of the city.
2. The adoption of the downtown design guidelines is an
element of the city’s regulation of land use, which is statutorily authorized.
The downtown design review process adopted herein is established as an
administrative function delegated to the city’s economic and community
development department pursuant to RCW Title 35A. Therefore, in
implementing the downtown design review process, the economic and
community development director may adopt such rules and procedures as
are necessary to provide for review of proposed projects.
3. All development within the downtown area, or within
the GC, GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street
Corridor between 64th Avenue South and Kent-Des Moines Road, which
roadway section is hereby classified a Class B pedestrian street, shall be
subject to the provisions of this section.
4. The downtown design review process is distinct from
the multifamily design review process set forth in KCC 15.09.045(D).
Applications for multifamily development within the DC, DCE, DCE-T, GC-
MU, CC-MU, MR-M, and MRT-16 zoning districts that are also within the
downtown area or along the Meeker Street Corridor between 64th Avenue
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South and Kent-Des Moines Road shall be subject to this section in
addition to the provisions of KCC 15.09.045, except as provided in KCC
15.09.045(E). In cases where a conflict arises between the requirements
of the two sections, the provisions of this section shall prevail.
B. Application and review process. The downtown design review
process is administrative and is conducted as part of the permit review
process. The applicant must make application for the design review
process on forms provided by the economic and community development
department. Upon receipt of an application for design review, the economic
and community development director shall circulate the application to the
appropriate city departments and offices for review. Prior to issuing a final
decision, the director shall review any comments submitted for
consideration. In the administration of this process, the department may
develop supplementary handbooks for the public, which shall pictorially
illustrate and provide additional guidance on the interpretation of the
criteria set forth in the downtown design guidelines.
C. Design review committee. There is hereby established the
downtown design review committee, which shall make all final decisions on
applications for downtown design review as described in the Kent
downtown design guidelines. The committee shall be comprised of three
members, who shall be appointed by the economic and community
development director under the authority delegated pursuant to RCW Title
35A. The members shall serve at the pleasure of the director. The director
shall, by administrative rule, establish the rules of procedure for the
committee, which shall be made available to the public upon publication.
D. Downtown design guidelines – Adoption. The downtown
design review committee shall use the downtown design guidelines in the
evaluation and/or conditioning of applications under the downtown design
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review process. The downtown design guidelines, entitled “Kent Downtown
Design Guidelines,” are hereby adopted by this reference as authorized
pursuant to RCW 35A.12.140 and shall be placed on file in the offices of
the city clerk and the economic and community development department.
E. Appeals. The decision of the downtown administrative design
review committee to approve, approve with conditions, or reject any
application under the downtown design review process is final unless an
appeal is made to the hearing examiner within 14 calendar days of either
the issuance of the committee’s approval or rejection of any application
under this section. Appeals to the hearing examiner shall be conducted as
set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall
be final, unless an appeal is made to the King County superior court, within
21 calendar days of the date of the issuance of the decision, pursuant to
Chapter 36.70C RCW.
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SECTION 16. - Amendment. Section 15.15.920 of the Kent City
Code, entitled “Relation to adjacent development,” is hereby amended as
follows:
Sec. 15.15.920 Relation to adjacent development. Proposed
developments shall coordinate with current site planning and development
efforts on adjoining parcels to take advantage of opportunities to mutually
improve development design.
A. Adjacent developments shall link open spaces and
landscaping whenever possible.
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B. Proposed developments shall provide publicly accessible
pedestrian connections to adjacent residential neighborhoods wherever
possible, via a through-block walkway or links to sidewalks; or provide
stairs or ramps where necessary when topographic barriers, such as steep
slopes, inhibit direct access to surrounding development or destination
points, such as transit stops.
C. Where multifamily residential development is located adjacent
to retail, commercial, employment, or institutional uses, side or rear yard
landscape buffers shall be intersected by approved pedestrian circulation
routes in order to facilitate convenient walking connections to adjacent
uses or services.
D. Buildings or structures that terminate view corridors shall
include architectural features that increase the visibility and landmark
status of the subject building facade, such as a clearly defined building
modulation (with a minimum width of eight feet and a minimum depth of
three feet), pedestrian entry feature or roofline that accentuates the
building as a focal point.
SECTION 17. – Severability. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 18. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
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82 Amend KCC Sections -
Re: Multifamily and Mixed Use Design
SECTION 19. – Effective Date. This ordinance shall take effect and
be in force 30 days after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
SUE HANSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
SUE HANSON, INTERIM CITY CLERK
P:\Civil\Ordinance\MFDG AMENDMENT_9.19.16.docx
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Multifamily Design Guidelines
Table of Contents:
General Objectives: ................................................................................................................... 2
Applicability, Exemptions and Departures .................................................................................. 3
SITE DESIGN
I. Project Frontage ....................................................................................................... 6
II. Vehicles and Parking ................................................................................................ 9
III. Pedestrian Circulation ..............................................................................................11
IV. Setbacks and Privacy ..............................................................................................12
V. Open Space.............................................................................................................13
VI. Lighting ....................................................................................................................16
VII. Safety and Security ..................................................................................................17
VIII. Dumpsters, Utilities and Service Areas ....................................................................19
BUILDING DESIGN
IX. Architectural Design .................................................................................................23
X. Architectural Details .................................................................................................27
XI. Blank Walls ..............................................................................................................28
XII. Materials ..................................................................................................................29
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General Objectives:
Meet the Comprehensive Plan Land Use Element Goal of revising development
regulations to encourage multifamily development that is more flexible and
innovative in terms of building design, street standards for private roads, and site
design.
Contribute to attractiveness and usefulness of the public realm.
Increase the overall durability, construction quality and attractiveness of
multifamily and development, as viewed by the public.
Increase Kent’s standard in the region as a desirable place to live.
Increase pedestrian interest and activity, by facilitating pedestrian access to
gathering places, services and other amenities.
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Applicability, Exemptions and Departures
Applicability:
The Guidelines apply to:
• All new multifamily structures and development.
• Additions to existing buildings that increase gross floor area by 1,000 square feet or
more require conformance for the new portion of the structure and the area of the
site that must be modified as a result of the expansion (this could include walkways,
driveways, parking, signage); and
• Significant exterior modifications such as façade changes, windows, awnings,
signage, etc.
How to use:
Most sections include the following elements:
• Intent statements, which are overarching objectives,
• Standards use words such as “shall,” “must,” and “is/are required,” signifying
required actions,
• The use of the word “should” means that the provision is required unless there is a
compelling reason to the contrary,
• The use of words such as “is/are recommended,” signifying voluntary measures, and
• Exceptions, which allow for flexibility to accommodate site-specific issues while still
requiring the design to meet the intent of the design guidelines.
Exemptions:
The following projects are exempted from the provisions of these guidelines:
• Projects within subareas that have their own guidelines (e.g., Downtown, Midway)
• Construction underground, which will not leave any permanent structure that extends
above the surface after completion;
• Utilities in the public right-of -way;
• Repair and maintenance work on buildings, landscaping (including relatively minor
replacement of plants and trees), or grounds (including parking lots), which does not
significantly alter the appearance or function of the building, landscaping, or grounds
(e.g., window replacement of less than 50% of the windows facing a public right of
way);
• Interior remodeling work;
• Temporary uses and structures as defined in Kent City Code 15.02.534; and
Relation to other Kent City Code (KCC) sections:
These guidelines augment other provisions in the KCC. The guidelines do not automatically
supersede other KCC provisions. In the case of apparent conflict between these guidelines and
other KCC provisions, the Administrator shall determine the applicability of these guidelines
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based on the objectives of public health, safety, welfare, direction from the Comprehensive Plan
and the intent of the guidelines
Departures:
The Administrator may approve, with respect to the guidelines, an application that varies (or
“departs”) from the strict language of the guidelines provided that they find that the proposal
meets the guidelines’ intent statements. If the Administrator approves a variation from the
design requirements, such approval shall be based on the following findings:
• The application of certain provisions of the design guidelines would result in practical
difficulties or unnecessary hardships inconsistent with the general purpose and intent
of the underlying zone and of the design standards.
• Permitting a minor variation will not be materially detrimental to the public welfare or
injurious to the property or improvements in the area.
• Permitting a minor variation will not be contrary to the objectives of the design
guidelines.
• Such a variation is necessary because of special circumstances relating to the size,
shape, topography, location or surroundings of the subject property that prevent strict
adherence to certain design standards.
• The minor variation protects the integrity of a historic landmark or historic district.
Notes:
• For projects on corner lots: the Administrator shall determine which street is
considered “primary” and all guidelines referring to streets are only applicable to the
primary street.
• The term “decorative” does not necessarily mean ornate. The term is used to
indicate a high level of architectural detail or craftsmanship (such as moldings,
reveals, exceptional use of materials, artistic treatments, etc.).
• The term “Administrator” refers to the Current Planning Manager.
• The term “public area” refers to public or private roadways, pedestrian paths, parks,
open spaces, or other common spaces as defined in KCC 15.02.335.1.
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SITE DESIGN
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I. Project Frontage
Intent:
• Provide for an attractive and active relationship between the building and the street.
• Provide privacy and security to residents facing the street.
• Encourage social interaction between residents and pedestrians.
• Provide a comfortable and welcoming entry, visible from the sidewalk, and an attractive
streetscape.
• Provide an inviting ground floor façade.
For all projects:
1. Provide individual unit entries at ground level (accessible from outside). Ground level
unit entries can open onto the street or a courtyard or open space that opens to the
street. The Administrator may allow other entry configurations (such as consolidated
entries), provided the design meets the intent of this section.
a. To provide resident privacy and a transition between the public and private
realm, set the building back at least 10 feet from the public right-of-way or raise
the ground floor living space at least three feet above the sidewalk or pathway
grade (preferably both, as in Figure 1 below).
b. Entries must be accessible from the street or interior open space. Configurations
where enclosed rear yards back up to a street are prohibited.
c. Individual pedestrian entries must be emphasized by using all of the following:
i. Provide a porch, at least 24 square feet, or other architectural weather
protection that provides cover for a person entering the unit and a
transitional space between outside and inside the dwelling.
ii. Provide a planted area in front of each pedestrian entry of at least 20
square feet in area, with no dimension less than three feet. Provide a
combination of shrubs, groundcover or trees.
iii. Set the garage door (if applicable) at least five feet farther from the street
than the primary street-facing façade.
Figure 1. A combination of low fences or
landscaping and porches, stoops, or patios
define the transition from public to private
space.
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d. For projects with individual garages, vehicle access to ground floor units shall be
from an alley if one exists. For any configuration where primary pedestrian
access is off the same façade as vehicular access, developments shall
incorporate single-width parking configurations for at least 50 percent of the units
(to minimize the impact of garage doors on the pedestrian environment). A
pedestrian entry shall be provided that is separate from the garage door.
Figure 2. Good and bad examples of garage/entry configurations. The left example features a
landscaped area and stoop to enhance the entry. The townhouses in the middle photo tuck the garages
under the living units to reduce their visibility (note that this is a private roadway). In the right image, the
lack of landscaping is a glaring omission, and is not acceptable.
2. Surface parking shall not be located between the building and the street. (If multiple
buildings, this only applies to the building(s) abutting the street.)
3. Structured parking shall not constitute the entire frontage of any street-adjacent building.
Structured parking must be screened as per Vehicles and Parking (section II, page 9).
a. For corner properties with structured parking, provide a minimum of 15 feet from
the corner along the primary street frontage in an active use. For non-corner
properties, provide a minimum of 15 feet anywhere along the street frontage in
an active use.
i. Active uses can include lobbies, entrances, gyms or fitness centers,
meeting rooms and other similar spaces. Active use spaces may not
contain mail rooms, storage, or any unsightly use (as determined by the
Administrator).
ii. Active uses must be visible through transparent window areas over the
entire 15’ of the ground floor façade between two feet and eight feet
above grade. The windows must look into the building’s interior.
4. If property is within ¼ mile of a bus stop or public park, provide convenient pathways or
entries to facilitate access to these amenities for residents.
5. Integrate weather protection, gutters and downspouts into the design of the structure as
a whole.
6. Limit the length of at-grade building façade and walls without openings (windows or
doors) to 15 feet.
7. Fencing or walls above four feet high are not allowed in the front yard or between the
principal façade/entry and the sidewalk or public street. The Administrator may allow
walls above four feet in height to accommodate steep topography. Chain link fences are
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not allowed in the front yard or between the primary building and a public right-of-way
(excluding alleys).
8. For projects approved by the Administrator for consolidated entries, enhance the
building’s presence and optimize interaction with the public sidewalk and rights-of-way
through use of at least two of the following:
a. Pergolas or arbors
b. See-though gates or fences (excluding chain link)
c. Outdoor terraces or gardens that are designed to promote use (i.e., with benches
or other pedestrian furniture or features)
d. High quality entry path materials such as special paving, tile, etc.
e. Balconies facing street
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II. Vehicles and Parking
Intent:
• Diminish and soften the visual impact of pavement and parked cars from the street and
adjacent properties.
• Increase pedestrian safety and vehicular circulation in parking areas.
Surface Parking
All projects with surface parking must adhere to the following in the design of parking lots and
on-site vehicular circulation:
1. Surface parking shall be located to the rear of street-adjacent buildings. Alternatively,
surface parking may be provided to the side of street-adjacent buildings, but not on a
corner. A maximum of 60 linear feet of surface parking is permitted adjacent to the
street.
2. Provide designated pedestrian pathways from public sidewalks and through surface
parking areas to site destinations such as building entries and rear parking areas.
Generally, walkways must be provided at least every four rows of parking or at least
every 130 feet, whichever is less. Align the pathways to connect with major building
entries or other sidewalks, pathways, and destinations.
3. Minimize the width and extent of driveways in the front yards and visible from the street.
The Administrator may determine the location and size of the driveway entrance (curb
cut) to maximize safety and minimize impacts to pedestrian and bicycle movement.
4. Vehicular ingress and egress shall be from an alley, where one exists. The second
choice of access (if no alleys exist) shall be from the street with less traffic, as
determined by the Administrator. The third most desirable access choice is collector
streets, and arterial streets are the fourth and least desirable choice for vehicular ingress
and egress.
5. Where there are significant changes in elevation, utilize topography to reduce the
visibility of parking from public areas and adjacent properties.
Structured Parking
All projects must adhere to the following in the design of structured parking:
1. Structured parking may not constitute the entire frontage of any street-adjacent building.
See Project Frontage (section I, page 6) for frontage requirements related to structured
parking.
2. Locate structured parking to minimize visual impact to residences and public streets.
Ensure parking structures visible from public streets are architecturally compatible with
the main structure, and provide building and finish elements that create visual interest to
the streetscape, such as artwork or grillwork.
3. Where structured parking is adjacent to the sidewalk or within 10 feet of the sidewalk
edge, the façade shall incorporate a combination of artwork, grillwork, special building
material or other treatment/design that enhances the pedestrian environment. Small
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setbacks with terraced landscaping elements can be particularly effective in softening
the appearance of structured parking.
4. Parking facilities shall be well-lit for safety with non-glare lighting to reduce impacts to
adjacent uses. See Lighting (section VI, page 15) for lighting level standards.
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III. Pedestrian Circulation
Intent:
• Provide convenient, safe and attractive pedestrian routes.
• Increase social interaction.
For all projects:
1. Pedestrian walks shall be separated from residential structures by at least three feet for
landscaping. The Administrator may consider other treatments to provide attractive
pathways. Examples include mosaic, bas-relief artwork, or other decorative treatments
that meet the intent of the guidelines. (Figure 3 provides examples.)
2. Where not visible to the public (i.e., on the interior of the site), all paths shall be a
minimum of five feet in width.
3. Public pathways must be compliant with the Americans with Disabilities Act (ADA).
Figure 3. Photo on left shows landscaping between walkways. Photo on right
shows wall treatment to provide interest.
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IV. Setbacks and Privacy
Intent:
• To provide privacy for residents, especially those immediately adjacent to the proposed
development.
For all projects:
Design project to reduce intrusion and impacts to adjacent and nearby properties through
meeting all of the following:
1. Offset window placement to avoid direct sightlines between living spaces.
2. Orient courtyards and balconies to maximize privacy.
3. Landscape all setbacks with a combination of landscape, hardscape or other amenities.
For projects with lot lines abutting an existing single-family zone:
Provide an appropriate transition or complement to adjacent single-family zones. Projects
should create a step in perceived height, bulk or scale between the anticipated development
potential of the adjacent single-family zone and the the proposed development. This can be
done through any of the following:
1. Increasing the distance from the building to the edge of the single-family zone
a. Set building back from interior or rear lot lines abutting single-family zones a
minimum of 2 feet for every 10 feet in height.
2. Providing shading or increased landscape buffer at the edge of a single-family zone
3. Stepping back upper floors so building height/mass is less intense near single-family
zone
4. Matching the scale of adjacent single-family zone developments in building detailing
The Administrator may consider other strategies to provide attractive and effective transition
between single-family zones and multifamily development.
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V. Open Space
Intent:
• Add to the livability of new residences
• Provide visual interest and relief
• Provide opportunities for outdoor activities
• Provide light and air in a new residential development
• Provide opportunities for social interaction
For all projects:
1. All projects must provide 150 square feet of on-site open space per dwelling unit.
Acceptable types of open space include:
a. Common Outdoor Open Space. Where accessible to all residents,
common outdoor open space may count for up to 100 percent of the
required open space. Common outdoor open space includes landscaped
courtyards, shared decks, gardens with pathways, children’s play areas,
pools, water features, accessible (unfenced) areas used for stormwater
retention or other multipurpose recreational or green spaces to which all
residents have access. Special requirements for common open spaces
include the following:
Required setback areas shall not count toward the open space
requirement unless they are part of an open space that meets the
other requirements of common open space.
Space shall have a minimum dimension of 15 feet in any direction
to provide functional leisure or recreational activity. This
dimension can be waived based on site conditions such as
topography or irregular lot geometry.
Space shall feature paths or walkable areas, landscaping, seating,
lighting, play structures, sports courts or other pedestrian
amenities to make the area more functional and enjoyable for a
range of users, taking into consideration potential noise issues
related to hard court sports such as basketball, tennis, and
handball.
Common space shall be separated from ground level windows,
streets, service areas and parking lots with landscaping, low-level
decorative fencing (no chain link), or other treatments as approved
by the Administrator that enhance safety and privacy for both the
common open space and dwelling units.
The space shall be oriented to receive sunlight and preferably
face south, if possible. Open space may also face east or west,
but not north, unless the Administrator determines that site
conditions such as topography or irregular lot geometry warrant
waiving this requirement.
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The space must be accessible from the dwelling units. Ideally, it
should be centrally located, if practical. The space must be
oriented to encourage activity from local residents.
b. Balconies. Individual balconies or patios (not including covered porches
or stoops) may be used for up to 25 percent of the required open space.
To qualify as open space, balconies or patios must be at least 40 square
feet, with no dimension less than five feet.
c. Rooftop Decks and Terraces. Rooftop decks and terraces may be used
to meet up to 50 percent of the required open space, provided the
following conditions are met:
Space must be accessible to all dwelling units and ADA compliant.
Space must provide amenities such as seating areas, barbeques,
fireplaces, recreational spaces, landscaping, etc.
Space must feature surfacing which enables residents to use the
open space.
Space must incorporate features that provide for the safety of
residents, such as appropriate lighting levels. See Safety and
Security (section VII, page 16).
d. On-site indoor recreation areas. Indoor recreation areas may be used
to meet up to 25 percent of the required open space provided the
following conditions are met:
Space must be ADA accessible to all dwelling units.
Space is designed for and includes equipment for recreational
uses, preferably for a range of users.
e. Sensitive or critical areas. Sensitive areas shall only count toward open
space requirements if integrated into the site design to be visible and
usable by residents with features such as trails and benches. Sensitive or
critical areas meeting these requirements may count for up to 50 percent
Figure 4. Good examples of common open space, including street level courtyards (left) and a
network of open spaces with a children’s play area and a pedestrian corridor (right).
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of the required open space, but only the space utilized by the built
amenities or trails, including a 5’ radius around the amenities, shall be
counted.
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VI. Lighting
Intent:
Provide for personal safety and security
Reduce the adverse impacts of lighting and retain dark skies
For all projects:
All publicly accessible areas and areas commonly used by residents shall be lighted with levels
as follows:
1. Areas of low pedestrian activity such as service areas and vehicular traffic areas:
minimum 0.2 foot-candles (fc), maximum four fc
2. Moderate or high volume pedestrian areas and building entries: minimum one fc,
maximum five fc, preferred average two fc
3. Public parking lots: minimum one fc, maximum four fc
Additionally, all projects must meet the following:
1. Lighting shall be provided at consistent levels, with an average lighting level to minimum
lighting level uniformity ratio no less than 3:1, to create gradual transitions between
varying levels of lighting and between lit areas and unlit areas. Highly contrasting pools
of light and dark areas shall be avoided.
2. Pedestrian lighting shall have a maximum height of 15 feet.
3. Parking area lighting fixtures shall be fully shielded, dark sky rated and mounted no
more than 20 feet above the ground, with lower fixtures preferable so as to maintain a
human scale.
4. Steady, non-flashing lighting of building features, artwork and special landscape
elements may be allowed, subject to the findings of the Administrator that the light
causes no significant adverse impact.
5. Provide lighting that complements the building and site design and provides for safe
pedestrian circulation and gathering places while minimizing light spillage off-site.
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VII. Safety and Security
Intent:
Increase personal safety and property-related security
For all projects:
In site planning and design, avoid the following:
1. Entrapment areas, where a person could become trapped with no exit route. Provide two
means of egress from all outdoor spaces. Ensure entrapment conditions are avoided in the
design of rooftop decks.
2. Areas that are dark or not visible from a public space or right-of-way.
3. Vegetation and fences that restrict visibility into occupiable open space, pathways and
building entries.
4. Buildings, vegetation or other objects (e.g., a storage enclosure) that block visibility into a
space or provide places to hide.
5. Screens or landscaping that block motorist’s views of pedestrians crossing streets,
driveways and vehicular circulation areas.
Where visibility is necessary to avoid creating an unsecure area to reduce the potential for
pedestrian/vehicle collisions, do not plant vegetation that will obstruct views between three and
eight feet above the ground.
Figure 6. Keep landscaping open
between 3 feet and 8 feet above grade
where there is need for visibility.
Figure 5. Fences that prevent visibility from public ROW and open space can
decrease security because criminal activity cannot be seen from the street.
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If at all feasible, provide for:
1. “Passive surveillance”—the ability of people occupying buildings and public spaces to
view all parts of accessible spaces.
2. Appropriate natural access control features that delineate where the general public
should not enter without an invitation. For example, a low fence or hedge can indicate
that people should not enter an open space except through a gate. Access control
should not limit visibility of passive surveillance.
3. Defining territory, through indicating clearly what parts of the site are open to the public
and what parts are not.
Additionally, design with maintenance in mind; well-maintained sites indicate that someone
cares for the site and tend to discourage crime.
Figure 7. Passive surveillance, or the
ability of people in buildings or
traveling along roadways to see
outdoor spaces, increases security.
Figure 8. This residential complex
incorporates passive surveillance,
territorial definition and good visibility
and lighting to provide a more secure
pathway and open space.
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VIII. Dumpsters, Utilities and Service Areas
Intent:
Minimize the visual, auditory and olfactory impacts of waste handling, storage areas,
utilities and other similar facilities.
Allow for the efficient movement of utility functions and servicing of buildings.
Location and design
The visual, auditory, and olfactory impacts of waste handling, storage areas, utilities and similar
activities and facilities shall be minimized. Reduce impacts of refuse containers and storage
areas through all of the following measures:
1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical
panels, and mechanical equipment areas) shall be located to avoid negative visual,
auditory (noise), olfactory or physical impacts on the street environment and adjacent
residentially zoned properties. The Administrator may require evidence that such
elements will not significantly impact neighboring properties or public areas. (For
example, the Administrator may require noise damping specifications for fans near
residential zones.) Service areas shall be sited for alley access if available.
2. Service areas must not be visible from the sidewalk and adjacent properties. Where the
Administrator finds that the only option for locating a service area is either visible from a
public right-of-way or space or from an adjacent property, the area must be screened
with either landscape or structural screening measures provided under “Screening”
(below, this section).
3. Ground-mounted mechanical equipment must be located and screened to minimize
visual and noise impacts to pedestrians on streets and adjoining properties
4. Roof-mounted mechanical equipment must be located and screened so the equipment is
not visible from the ground level of adjacent streets or properties within 20 feet of the
structure. Match the color of roof mounted equipment with the exposed color of the roof
to minimize visual impacts when equipment is visible from higher elevations nearby.
5. Locate and screen utility meters, electrical conduit, and other service and utilities
apparatus so they are not visible from adjoining properties and nearby streets.
6. Other provisions of this section notwithstanding, service areas used by residents shall be
located to avoid entrapment areas and other conditions where personal security would
Figure 9. Examples of how to screen roof-mounted mechanical equipment.
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be compromised. The Administrator may require pedestrian-scaled lighting or other
measures to enhance security.
7. Locate or shield noise producing mechanical equipment such as fans or heat pumps to
meet state law provisions (WAC 173-60).
8. All service connections and on-site utilities including wires and pipes must be located
underground. Meters may be attached to buildings. Project proponents are required to
coordinate with the local electric utility provider to locate electrical service facilities in the
least obtrusive way.
Screening
Where screening of service areas is called for (where impacts cannot be adequately addressed
through location or other means described above), adhere to the following:
1. A structural enclosure shall be constructed of masonry, heavy-gauge metal, or decay-
resistant composite wood and have a roof. The walls must be sufficient to provide full
screening from the affected roadway or use. The enclosure may use overlapping walls
to screen dumpsters and other materials (see Figure 11, below). Gates shall be made of
heavy-gauge, sight-obscuring material, and the enclosure shall be designed to be
architecturally consistent and compatible with the architectural concept for the site or
building it serves.
2. Collection points shall be located and configured so that the enclosure gate swing does
not obstruct pedestrian or vehicle traffic, or does not require that a hauling truck project
into any public right-of-way.
3. The service area shall be paved.
4. Weather protection of recyclables, trash, and compost/yard waste shall be ensured by
using weather-proof containers or by providing a roof over the storage area.
Figure 10. Place utility meters
in less visible locations. Note
that this example is acceptable
on a service alley but not near
a street or residential walkway.
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5. In addition to the required screening, artwork such as paint schemes or coverings that
help to blend the equipment into the background may also be utilized.
Figure 11. Examples of
acceptable dumpster
enclosures.
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BUILDING DESIGN
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IX. Architectural Design
Intent:
Provide a welcoming entry to residential buildings.
Provide a visually interesting roofline.
Achieve architectural scale that is compatible with the size and visual massing of
development envisioned within the zoning classification.
Add visual interest and sense of quality and craftsmanship to building facades.
Enhance the pedestrian experience.
Definitions:
Architectural scale: perceived height and bulk of a building relative to that of
neighboring buildings or anticipated future neighboring developments. A building has
“good architectural scale” if its visual size is relatively similar to development that is
planned for in the zoning classification.
Modulation: stepping back or projecting forward of portions of a building face, within
specified intervals of building width and depth, as a means of breaking up the apparent
bulk of a structure’s continuous exterior walls.
Articulation: visually enhancing a building façade by including features such as broken
rooflines, chimneys, entrances, distinctive window patterns.
Building entry design
Principal building entrances of all buildings shall feature all of the following:
1. A minimum of 50 square feet of pedestrian weather protection. Entries may satisfy this
requirement by being set back into the building façade.
2. Lighting, to conform to Lighting (section VI, page 15).
3. Building or business name and address number.
4. Transparency such as glass doors, windows or glazing (window area) near the door so
that the visitor and occupant can view people opening the door from the other side (not
required for individual unit entries leading directly to a single dwelling).
5. Security, to the extent feasible. Entries must be visible from areas with high pedestrian
activity. See Safety and Security (section VII, page 16) for more details.
6. Architectural or artwork enhancements, including one or more of the following:
a. Ornamental doors or windows
b. Ornamental paving or materials (e.g., decorative tile work)
c. Distinctive architectural lighting
d. Artwork
e. Landscaping
f. Adjacent usable open space
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Roofline character
All projects must provide a roofline design that fits with the character of the building and
provides some level of visual interest. The upper level or top of the building should have a
considered (intentional) treatment. This may be done in any of the following ways:
1. Design a shaped, sloped, pitched or varied roof form – visible to passersby from public
areas including highways or other distant views.
2. Provide cornice expressions, eyebrows, overhangs, horizontal projections.
3. Increase variety of building massing at upper levels to establish contrast with overall bulk
and mass of lower levels.
4. Incorporate extensions (chimneys, turrets, towers, skylights, clerestories – if logical
continuation of architecture).
5. Utilize other height variations to complement adjacent structures.
Avoid superfluous or tack-on roof features such as mansard roof extensions, roof signs, or roof
ribs.
Façade modulation and bulk/mass design
All new buildings over three stories, over 5,000 square feet in gross building footprint, or with
façades longer than 100 feet measured horizontally along a public right-of-way or visible from a
public right-of-way, shall provide at least three major modulation or articulation features as
described below along any façade that is visible from a public right-of-way, residential zone or
pedestrian pathway. The “articulation interval” at which the repetitive element repeats should
not be greater than 50 feet.
1. Horizontal building modulation. Horizontal modulation is the stepping back or
extending forward of building stories or horizontal building elements. To satisfy this
requirement through horizontal modulation, the depth (extension out or set back from the
building facade) of the modulation must be at least two feet when tied to a change in the
roofline and at least five feet in other situations. Balconies may be used to qualify for
this option, provided they have a floor area of at least 40 square feet, are integrated with
Figure 12. Entrances enhanced by details and materials, complex architectural
elements, site features and lettering.
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the architecture of the building, and project at least two feet from the building façade.
Step backs of upper stories are a common form of horizontal modulation.
2. Vertical building modulation. Vertical modulation is the extension or stepping back of
vertical elements of a building. In order to satisfy this guideline through vertical
modulation, the minimum depth of modulation is 18 inches and minimum width for each
modulation is 15 feet. Balconies may not be used to meet this modulation option unless
they are recessed or projected from the façade and integrated with the building’s
architecture as determined by the Administrator.
3. Modulated roofline. Buildings may qualify for this option by modulating the roof line of
all façades visible from a street, park, or pedestrian pathway consistent with the
following standards:
a. For flat roofs or façades with a horizontal fascia (the board at the end of a roof
eave or cornice) or parapet, change the roofline so that there is a change of the
roofline at least every 60 feet. Minimum vertical dimension of roof line
modulation is two feet.
b. For gable, hipped, or shed roofs, a slope of at least three feet vertical to 12 feet
horizontal is required to meet the guideline.
c. Other roof forms such as arched, vaulted, dormer, or saw-toothed may satisfy
this design standard if the individual segments of the roof with no change in slope
or discontinuity are less than 60 feet in width (measured horizontally).
Figure 13. Buildings with modulation to increase interest and human scale. Vertical
modulation on the left, horizontal modulation in the center, and a mix of both at right.
Figure 14. Example of a
distinctively designed
roofline.
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4. Repeating distinctive window patterns at intervals less than the articulation interval.
5. Providing a porch, patio, deck, or covered entry for each articulation interval.
6. Changing the roofline by alternating dormers, stepped roofs, gables, or changing roof
textures on certain features such as metal roofs on towers and dormers to reinforce the
modulation or articulation interval.
7. Changing materials with a change in building plane.
8. Providing lighting fixtures, trellises, trees, or other landscape feature within each
interval.
9. Creating open-to-the-sky courtyards and terraces that break the building façade.
10. Incorporating projections such as
a. Window bays
b. Porch additions
c. Stair enclosures
d. Chimneys
e. Balconies
f. Recesses at windows, entries, doors or other openings
g. Minor projecting masses
11. Using materials and colors to emphasize major or minor architectural scales, to
introduce sense of detail and create distinctions between structures.
The Administrator may increase or decrease the 60-foot interval for modulation and articulation
to better match surrounding structures or to implement an adopted subarea plan.
Figure 15. Example of a well-
articulated building. Note how
the balconies, window divisions,
modulation, material variation
and cornice line all serve to
divide up the façade into smaller
segments without disrupting the
unity of the overall design.
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X. Architectural Details
Intent:
Add visual interest to building appearance.
Enhance the pedestrian experience.
Contribute to public perception of Kent as a desirable place to live through showing care
and craftsmanship in design.
For all projects:
All new buildings shall include on the façades that face a public right-of-way at least three of the
following design features:
Distinctive roofline treatments, such as an ornamental molding, or other roofline device
visible from the ground level.
Special treatment of windows and doors, other than standard metal molding/framing
details, around all ground floor windows and doors, decorative glazing, or door designs.
Decorative building materials, such as decorative masonry, shingle, brick, or stone.
Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle
with the butt end machined in some pattern, typically to form geometric designs),
decorative moldings, brackets, trim or lattice work, ceramic tile, stone, or similar
materials. The applicant must submit architectural drawings and material samples for
approval.
Use of green walls, planter boxes, landscaped trellises, wall trellises, decorative or
special railings, grill work, landscape guards, or specially designed canopies, as an
integral part of the building’s design.
Decorative artwork, which may be freestanding or attached to the building and may be in
the form of mosaic mural, bas-relief sculpture, light sculpture, water sculpture, fountain,
free standing sculpture, art in pavement, or other similar artwork. Painted murals or
graphics on signs or awnings do not qualify.
Special building elements, such as pilasters, entablatures, wainscots, canopies, or
marquees that exhibit nonstandard designs.
Residential window details
The façades of residential buildings shall employ techniques to recess or project individual
windows above the ground floor at least two inches from the façade or incorporate window trim
at least four inches in width that features color that contrasts with the base building color.
Figure 16 Acceptable (left and center examples) and unacceptable (right example) window
treatments.
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XI. Blank Walls
Intent:
Improve the pedestrian experience near the building.
Help ensure that the building does not detract from the character of its surroundings.
Definition:
For the purposes of these guidelines, a “blank wall” is any wall or portion of a wall that meets
either of the following criteria:
Has a surface area of 200 square feet of vertical surface without a window, door or
building modulation or other architectural feature
Is over four feet in height from ground level and longer than 15 feet as measured
horizontally without having a window, door, building modulation or other architectural
feature
For all projects:
All blank walls within 50 feet of a public area or adjacent property and also visible from that
public area or adjacent property, shall be treated in one or more of the following ways:
1. Install a vertical trellis in front of the wall with climbing vines or plant materials. For large
blank wall areas, the trellis must be used in conjunction with other treatments described
below.
2. Provide a landscaped planting bed or a raised planter bed in front of the wall. Plant
materials shall be selected to obscure or screen at least 50 percent of the wall’s surface
within four years.
3. Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the
blank wall surface.
4. Employ high quality building materials (such as brick) and provide desirable visual
interest.
5. Special architectural lighting.
Figure 17. Artwork
or a trellis can
effectively treat a
blank wall.
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XII. Materials
Intent:
Help ensure the quality and maintainability of new development.
Help ensure attractiveness of new buildings.
For all projects:
1. The following are allowed only with special detailing, as described below:
a. Metal siding. When used as a siding material over more than 25 percent of a
building’s façade visible from a public area, metal siding must:
i. Have a matte finish in neutral or earth tone such as buff, gray, beige, tan,
cream, white, or a dulled color, such as barn-red, blue-gray, burgundy,
ochre.
ii. Include two or more of the following elements:
1. Visible window and door trim painted or finished in a
complementary color.
2. Color and edge trim that cover exposed edges of the sheet metal
panels.
3. A base of masonry, stone, or other approved permanent material
extending up to at least two feet above grade that is durable. (The
intent is to provide more durable materials near grade level.)
b. Concrete block walls. Concrete block construction used over 25 percent of a
building façade visible from a public area must be architecturally treated in one or
more of the following ways:
i. Use of textured blocks with surfaces such as split face or grooved.
ii. Use of other masonry types, such as brick, glass block or tile in
conjunction with concrete blocks.
iii. Use of decorative coursing to break up blank wall areas.
iv. Use of matching colored mortar where color is an element of architectural
treatment for any of the options above.
c. Requirements for stucco, stucco-like, and similar troweled finishes:
i. To avoid deterioration, the finish material must be trimmed or sheltered
from extreme weather by roof overhangs or other methods.
i. The finish material may only be used in conjunction with other approved
building materials.
2. Any material that is subject to damage and deterioration from human contact or
landscape elements is prohibited within two vertical feet of the sidewalk or ground level
or in areas that are especially subject to vandalism such as areas with low visibility. In
these areas, a more durable finish material such as brick, concrete or concrete block
shall be used.
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3. Use of flat sheet materials such as fiber cement panels (e.g., HardiePanel) is not
allowed on ground floor façades. This is because the panels do not provide human
scale surfaces or textures or refined details. Textured panels on ground floors may be
approved by the Administrator if they are detailed not to appear as a panelized system.
4. Prohibited materials for exterior of buildings (excluding special art features):
a. Mirrored glass.
b. Vinyl siding.
c. Corrugated fiberglass.
d. Chain link fencing within 50 feet of a building’s public entrance (except for
temporary purposes such as a construction site).
e. Crushed colored rock or tumbled glass.
f. Any sheet materials, such as wood or metal siding, with exposed edges or
unfinished edges.
g. Any spray-on materials (e.g.: shot-crete) not specifically approved by the
Administrator.
h. Non-durable materials subject to deterioration if exposed to weather such as
most plastic and synthetic materials or materials that are particularly vulnerable
to vandalism. Project applicants wishing to use synthetic materials must submit
samples and product description information to the Administrator for approval.
The Administrator will not accept such materials unless its durability and
appropriateness is demonstrated.
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